What Penalties Can I Expect for a DUI with a Suspended or Revoked License?

 

Introduction

 

Being caught driving on a suspended license is a serious matter in its own right. Add a DUI on top and the penalties increase significantly. In most states, this offense is considered an “aggravated DUI/DWI” and the exact penalties you are facing depend on the state in which you were charged.

 

The below information is a guide to the penalties you can expect to face following a DUI conviction with a suspended or revoked license in the state of Arizona. It is not intended as a substitute for legal counsel. You should first and foremost consult with an experienced DUI/DWI lawyer in your area to find out exactly what penalties you are facing within your state.

 

Felony or Misdemeanor

 

In some states like Arizona, aggravated DUIs are considered a Class 4 felony, which meansmuch lengthier jail and probation sentences, license revocation, exorbitant fines and fees. Not to mention a longer waiting time to get the charges expunged from your criminal record. These consequences can obviously have a majoreffect on you and your family’slife in terms of your ability to gain employment or rent a home, not to mention the emotional impact of spending months or even years in prison.

 

Jail Time

 

In Arizona, the penalty for driving on a suspended license on its own is up to 30 days in jail. Add a DUI on top and you will be facing a minimum of 4 months and a maximum of 2 years in the state penitentiary. In addition, if you were already on probation following the original suspension or revocation of your license, you can expect to face additional jail time for violating the terms of your probation.

 

An attorney may be able to negotiate work-release for you if you are employed. This means that you are allowed to leave jail during work hours to attend work which could save you losing your job, and is obviously preferable to being incarcerated for 24 hours a day.

 

Fines and Fees

 

In Arizona, you can expect to pay $150,000 in fines and fees. In addition, you will need to pay $250 to the DUI Abatement fund, and a $1500 “assessment” fee.

 

Probation Time

 

In Arizona, you will be placed on probation for up to five years following a DUI with a suspended or revoked license conviction. This means you will have to check-in with your probation officer and report to the court at least once per month. You must also not commit any other crime during this period or you will be sent immediately back to jail, normally for an even longer period than your original sentence.

 

License Revocation

 

Your license will be revoked for 3 years, although it may be able to obtain a temporary restricted license which allows you to travel to and from work, school, or court-imposed drug or alcohol programs. An experienced attorney will be able to advise you on whether this is possible in your case.

 

License Reinstatement

 

You will not be able to reinstate your license until you have satisfied the court that it is safe for you to drive again. This could mean completing expensive and time-consuming drug and alcohol programs, attending counseling sessions or Alcoholics Anonymous for a duration set by the court, showing proof of high-risk motor insurance, commonly known as SR-22 – normally 2 to 3 times the cost of regular insurance, and installing an ignition interlock device in your car for a minimum of 24 months. These devices typically cost $150 to install and $80 per month thereafter. You will also have to pay a license reinstatement fee to the DMV.

 

Vehicle Confiscation

 

If you were driving a vehicle you owned at the time of the DUI arrest that led to your conviction, the Court may confiscate your vehicle and the Department of Motor Vehicles (DMV) will block your license plates for 6 months meaning no one else can drive it.

 

Substance Abuse Counseling and Testing

 

If convicted you must get a substance abuse evaluation and comply with any recommendation – such as a drug or alcohol treatment program - or be subject to additional jail time. You may also have to submit to regular drug or alcohol testing, to prove you are rehabilitated. Failing a test will result in you being summoned to court and you will likely be sent back to jail for violating the terms of your probation.

 

Community Service

 

The court must impose a minimum of 30 hours of community service in addition to all other penalties imposed.

 

MADD Victims' Impact Panel

 

The court may order you to attend one or more sessions of the Mothers Against Drunk Driving Victims Impact Panel.

 

Take Action

 

Given the gravity of the crime and severity of the consequences you are facing, it is essential that you consult with an experienced DUI attorney in your area who is familiar with specific laws of your state and county.

 

An experienced DUI attorney may be able to negotiate work-release, probation time in lieu of jail time, may be able to help you obtain a restricted driver’s licenses, and in some cases may even be able to get some of the charges against you reduced or dismissed altogether. Around 1 in 50 cases are thrown out of court if it can be demonstrated that law enforcement did not follow proper procedure during and following the arrest. Therefore, hiring an experienced attorney with a proven track record of success in this field is certainly worth the investment.

 

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