DUI on a Suspended License Defense
Being arrested for DUI when your license was already suspended can feel overwhelming. You still have rights, and the details of your license status and the MVD notice deserve a close look.
We can help. Nova Law Group was built by a former Maricopa County Attorney’s Office felony prosecutor. We prepare every case as if it is going to trial, and we take a meticulous, aggressive approach, fighting from every angle, because the report is only one side of the story.
Talk to us before you talk to anyone else. Call (480) 405-6767. Consultations are free and confidential, and the earlier we are involved, the more we can do.
At a glance
- The law: A.R.S. § 28-1383(A)(1) makes a DUI an aggravated DUI when it happens while your license or privilege to drive is suspended, canceled, revoked or refused, or restricted because of a DUI.
- How it is classified: A class 4 felony under § 28-1383(O).
- Possible sentence (first offense): At least four months in prison before probation or release is possible, within a prison range of 1 to 3.75 years for a first felony offense under A.R.S. § 13-702(D).
- Where the case is heard: Maricopa County Superior Court in downtown Phoenix. Confirm the building on your current notice.
- What to do now: If you were served an MVD suspension notice, your hearing request must reach MVD within 30 days after the date of the notice. Talk to a defense lawyer before you discuss the case with anyone.
What the law says
This charge has two parts, and the State has to prove both. The first part is an ordinary DUI. The second part is the status of your license at the moment you were driving.
- A DUI offense. You drove or were in actual physical control of a vehicle while committing a DUI under A.R.S. § 28-1381, an extreme DUI under A.R.S. § 28-1382, or another aggravated DUI. A regular DUI can be based on impairment "to the slightest degree," an alcohol concentration of 0.08 or more within two hours of driving, or a listed drug or its metabolite in your body (§ 28-1381(A)).
- A license problem at the same time. Your license or privilege to drive was suspended, canceled, revoked or refused. A restriction also counts, but only if it was placed because of a DUI or an MVD suspension under A.R.S. § 28-1385.
The statute defines a suspension broadly. Under § 28-1383(P), it means "any" suspension, cancellation, revocation or refusal. So the reason for the suspension does not have to involve alcohol or drugs.
Notice of the suspension
Under § 28-1383(C), notice of a suspension is effective as provided in A.R.S. § 28-3318, or under the laws of the state that issued your license. Section 28-3318(D) says service of the notice "is complete on mailing." Section 28-3318(E) adds that the State "is not required to prove actual receipt of the notice or actual knowledge" of the suspension. The version of § 28-3318 posted on azleg.gov includes 2026 changes that take effect July 1, 2027, so we check which version applies to the date of your arrest.
That puts the focus on the mailing itself: where it was sent, when, and whether MVD followed the statute. For general background on DUI law across the country, see Cornell LII Wex: driving under the influence (DUI). The Arizona rules are the statutes cited on this page.
How it is classified
Driving on a suspended license and DUI on a suspended license are separate charges with very different stakes.
| Charge | Statute | Class |
|---|---|---|
| Driving while suspended, revoked, canceled or refused, with no DUI | A.R.S. § 28-3473(B) | Class 1 misdemeanor |
| DUI or extreme DUI with no aggravating factor | § 28-1381(C), § 28-1382(K) | Class 1 misdemeanor |
| DUI while your license is suspended, canceled, revoked, refused or DUI-restricted | § 28-1383(A)(1) and (O) | Class 4 felony |
The standalone charge is covered on our driving on a suspended license page. Other forms of aggravated DUI include a third DUI and a DUI with a child in the car.
Possible penalties
- Prison before release: Under § 28-1383(D), you are not eligible for probation, pardon, commutation, suspension of sentence or release on any other basis until you have served at least four months in prison.
- Felony range: For a first felony offense, § 13-702(D) sets a class 4 range of 1 year (mitigated), 1.5 years (minimum), 2.5 years (presumptive), 3 years (maximum) and 3.75 years (aggravated). Prior felony convictions can change the range.
- Fines and assessments: Section 28-1383(J) requires a fine of at least $750, plus assessments of $250, $1,500 and $1,500.
- Treatment: Section 28-1383(H) requires alcohol or other drug screening, education or treatment, or evidence-based psychotherapy, as ordered.
- Revocation: Under § 28-1383(J), MVD revokes your driving privilege and will not issue you a new license within one year of the conviction.
- Interlock and school: If alcohol was involved, A.R.S. § 28-3319(D) sets a 24-month ignition interlock period for this charge, and § 28-1383(J) lets the court order a longer one. MVD also requires traffic survival school (§ 28-1383(K)).
Consequences beyond the sentence
- Your record: A felony conviction stays on your record. Later, you may be able to ask the court to set aside the judgment of guilt or to seal the record, depending on the offense and your history. See record sealing and set-asides.
- Firearms: A class 4 felony is punishable by more than one year in prison, so a conviction generally brings the federal firearm ban in 18 U.S.C. § 922(g).
- Immigration: Some criminal convictions are grounds for removal under 8 U.S.C. § 1227(a)(2). If you are not a U.S. citizen, talk to an immigration lawyer before you accept any plea.
- License and work: A revoked license and an interlock requirement can make it harder to get to work. A felony record can also come up in background checks for jobs, housing and professional licenses.
Some cases resolve with a plea to a lesser charge that shortens time in custody. Even then, the conviction stays with you. Avoiding jail is not the same as avoiding a conviction.
How we defend DUI on a suspended license
We look at both halves of the charge. If the State cannot prove the license problem, the case may not be a felony. If it cannot prove the DUI, the license issue alone is a different and lesser charge.
- License status on the date: We get your MVD record and compare the dates. A suspension order under § 28-1385 is "effective thirty days after the date that the order is served," so the exact timeline can matter.
- The notice: We look at whether MVD mailed notice the way § 28-3318 requires, to the address in its records, and whether you had reported a new address.
- The type of restriction: A restriction counts only if it came from a DUI or a § 28-1385 suspension.
- The stop and the arrest: Officers need a lawful reason to stop you. We review body camera video, dispatch records and the reasons given for the stop and the arrest.
- Testing: Breath and blood results depend on equipment, procedure and timing. Because the law looks at alcohol concentration within two hours of driving, the timing of the test can be an issue.
- Mitigation: Early treatment, steps to fix your license status and a steady work history can help in negotiations and at sentencing.
Why Nova Law Group
Nova Law Group was built by Ryan Tait, a former Maricopa County Attorney’s Office felony prosecutor. The practice is criminal defense first. We keep caseloads deliberately low, which means the lawyers on your case have time to actually watch the video and read the reports line by line. We take cases to trial when trial is the right pressure. Overcharging happens, and a case that is genuinely prepared for trial changes the conversation with the prosecutor. Most criminal cases are quoted as a flat fee. Consultations are free and confidential.
Common questions
Under § 28-3318(E), the State does not have to prove that you actually received the notice or actually knew about the suspension, if MVD mailed it the way the statute requires. That makes the mailing records important. Problems with the address, the date or the records can become an issue in your case.
If you are convicted of this charge, the law requires at least four months in prison before probation or release. Whether the case ends in that conviction depends on the evidence and how the case is resolved. That is why an early review of the MVD record and the DUI evidence matters.
Felonies in Maricopa County are heard in Maricopa County Superior Court in the downtown Phoenix criminal court complex: the Central Court Building at 201 W. Jefferson St. or the South Court Tower at 175 W. Madison St. Confirm the building on your current notice. A Maricopa County felony does not go through a justice court first. If you were arrested and held, your initial appearance takes place within 24 hours.
Often, yes. There are two clocks: the criminal case and any MVD action. If you were served a suspension notice under § 28-1385, the hearing request "must be received by the department within thirty days after the date of the notice." The MVD hearing is narrow and covers issues such as reasonable grounds, the arrest and the test results, not your whole case.
Sources
Arizona statutes link to the official text on azleg.gov, the Arizona State Legislature’s website. Federal law and general legal references link to Cornell Law School’s Legal Information Institute (LII). Laws change, so the version in effect on the date of your case controls.
Arizona law (azleg.gov)
- A.R.S. § 28-1383: Aggravated driving or actual physical control while under the influence; county jail program; annual report; violation; classification
- A.R.S. § 13-702: First time felony offenders; sentencing; definition
- A.R.S. § 28-1381: Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing
- A.R.S. § 28-1382: Driving or actual physical control while under the extreme influence of intoxicating liquor; trial by jury; sentencing; time limitation
- A.R.S. § 28-1385: Administrative license suspension for driving under the influence or for homicide or assault involving a motor vehicle; report; hearing
- A.R.S. § 28-3318: Service of notice; definitions
- A.R.S. § 28-3473: Driving on a suspended, revoked or canceled license; violation; classification
- A.R.S. § 28-3319: Action after license suspension, revocation or denial for driving under the influence or refusal of test
Cornell Legal Information Institute
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If you have been arrested, charged, or contacted by a detective, the decisions you make in the first few days matter. Nova Law Group defends misdemeanor and felony cases in the Superior Court and in municipal and justice courts across Maricopa County.
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