DUI & Criminal Defense

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Phoenix, Arizona 85004

Driving on a Suspended License in Arizona

ARS §28-3473 makes it a violation of law to be found Driving on a Suspended License.  More specifically, the law prohibits knowingly operating a motor vehicle while your license is suspended, revoked, canceled, disqualified, or refused.

Driving on a Suspended License Case Law

  • Benitez v. Dunevant, 198 Ariz. 90, 92, 7 P.3d 99, 101 (Ariz.,2000) – We hold that a trial on the charge of violating section 28-3473(B) (driving on a DUI suspended driver’s license) is not jury eligible.

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Driving on a Suspended License in Arizona

Frequently Asked Questions

No.  Acts of moral turpitude are defined behavior which is “depraved” or actions which “adversely reflect on one’s honesty, integrity, or personal values.” In addition to being a factor in whether an offense is eligible for a jury trial, acts of moral turpitude also can be the required for a reporting by a professional licensing board (i.e. doctors, lawyers, accounts, etc.).

It is legally possible to receive a term of jail, but it is very unlikely (unless there are prior violations). Typically a person receives a fines for a violation.  Furthermore, if you are just cited for driving on a suspended (or revoked) license your car can may be impounded for 30 days.
The crime of driving on a suspended license is a Class 1 Misdemeanor.

Arizona’s motor vehicle department is only authorized to suspend or revoke a driver license for up to one year unless a statute specifically authorizes a long period. 

Offenses that trigger loosing your driver’s license longer than one year are:

1. A three-year revocation for being convicted of:

Conviction of a third DUI offense within 7 years. Or,

A homicide or aggravated assault resulting from the operation of a motor vehicle. See A.R.S. § 28-3304(A)(1) and (11).

2. An indefinite suspension at the discretion of the court for a drive-by shooting. See A.R.S. § 13-1209.

3. Five-years for Leaving the Scene of an Accident resulting in serious physical injury (not including any time that the person is incarcerated). A.R.S. § 28-661.

4. Ten-years for Leaving the Scene of an Accident resulting in a death (not including any time that the person is incarcerated). A.R.S. § 28-661.

5. Three-years for Leaving the Scene of an Accident “resulting in an injury other than death or serious physical injury as defined in section 13-105” and who fails to stop or to comply with the requirements of section A.R.S. 28-663 (a class 5 felony).

See § 28-3315. Period of suspension, revocation or disqualification; unlicensed drivers, AZ ST § 28-3315.

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