Driving on a Suspended License Defense

Section 28-3473 is short. To convict you, the State must prove each of these points beyond a reasonable doubt:

• You operated a motor vehicle.
• You did it on a public highway.
• At that time, your privilege to drive was suspended, revoked, canceled or refused, or you were disqualified from driving.

The statute begins with the words "Except as provided in section 28-3482." That exception covers a person whose privilege is suspended under § 28-3308, which the heading of § 28-3482 describes as a suspension for failure to appear. If that is the only reason your privilege was suspended, the violation is a civil traffic violation, not a crime.

The text of § 28-3473 does not use the word "knowingly." Whether the State must show that you knew, or should have known, about the suspension can depend on the facts, the notice the MVD sent and how courts have read the statute. We look closely at notice in these cases. For general background on the term, see Cornell LII Wex: misdemeanor, which describes misdemeanors in general and is not a statement of Arizona law.

For a class 1 misdemeanor, § 13-707(A) allows a jail term of up to six months, and § 13-802(A) allows a fine of up to $2,500. The judge sets the sentence within those limits. The current text of § 28-3473 does not itself set a mandatory minimum jail term, so the sentence often depends on the facts, your record and the reason for the suspension.

Your vehicle can also be affected. Under A.R.S. § 28-3511(A)(1)(a), an officer must have the vehicle removed and either immobilized or impounded if your privilege to drive is revoked for any reason, unless your privilege is valid in Arizona. Section 28-3511(E) sets that period at twenty days, subject to other provisions of that article. Under § 28-3482(B), a failure to appear violation is not subject to removal or impoundment under § 28-3511.

When the charge becomes a felony

If you are accused of DUI while your license is suspended, canceled, revoked or refused, or while it is restricted because of a DUI or an MVD action under § 28-1385, the charge can be aggravated DUI under § 28-1383(A)(1). Section 28-1383(O)(1) makes that a class 4 felony, and § 28-1383(D) bars probation or release until you have served at least four months in prison. Felony cases in Maricopa County are heard in Maricopa County Superior Court in the downtown Phoenix criminal court complex; confirm the building on your current notice. Learn more on our page about DUI on a suspended license.

• Your status on the date of the stop. MVD records can be incomplete or out of date. We compare the dates of the suspension, any reinstatement and the stop, because the State must prove your privilege was not valid when you drove.
• Notice. We look at whether the MVD mailed notice, where it was sent and whether your address on record was current. Problems with notice can matter in negotiations and at trial.
• The right statute. If the only suspension was for failure to appear under § 28-3308, § 28-3482 treats the violation as civil. Under § 28-3482(C), the court "may dismiss" that charge if you show your unrestricted privilege has been reinstated.
• The stop itself. An officer needs a lawful reason to stop you. If the stop or the questioning was unlawful, we may ask the court to suppress evidence that came from it.
• Reinstatement and mitigation. Getting your privilege restored before court can help. Proof of reinstatement, a driving need tied to work or family and a clean history may support a reduced charge or a lighter sentence.

In misdemeanor court, once the State avows it will not seek jail and the judge agrees, there is no right to an appointed lawyer (Ariz. R. Crim. P. 6.1(b); Campa v. Fleming, 134 Ariz. 330 (App. 1982)). That means you may need to decide on your own whether to hire counsel, even though a conviction still carries the consequences above.