Aggravated DUI with a Suspended License: ARS 28-1383

dui with suspended license in arizona

Facing a felony aggravated DUI charge can be a frightening and overwhelming experience, especially when coupled with a suspended license.


In the state of Arizona, ARS 28-1383 specifically addresses the consequences of operating a vehicle under the influence while already having a suspended license. 


If you or someone you know is facing criminal charges for an aggravated DUI seek legal advice from a knowledgeable DUI defense lawyer. Josh Kolsrud is a seasoned attorney specializing in DUI defense cases and can provide expert consultation on handling the legal system and protecting your rights.

Don't face a felony aggravated DUI charge with a suspended license alone – reach out for help today.

police inspecting suspended license

What are the Reasons For a Suspended License

In Arizona, there are several reasons why a license might be suspended. These reasons generally involve violations of driving laws or other legal issues including:


    • DUI Offenses: Driving under the influence of alcohol or drugs can lead to immediate suspension.
    • Accumulation of Points: Arizona employs a point system, where accumulating too many points from traffic violations can result in a suspension.
    • Failure to Appear in Court or Pay Fines: If a driver fails to appear in court for traffic violations or does not pay fines, their license may be suspended.
    • Driving Without Insurance: Operating a vehicle without proper insurance can lead to suspension, especially if involved in an accident.
    • Child Support Delinquency: Failing to comply with child support orders can also result in license suspension as a compliance measure.

What is an Aggravated DUI

Under Arizona Revised Statutes (ARS) 28-1383, a person is guilty of aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs if the person does any of the following:


1.)Violates DUI laws while license is suspended or revoked:


    • Commits a violation of section 28-1381 (Driving Under the Influence), section 28-1382 (Extreme DUI), or ARS 28-1383 while their driver's license or privilege to drive is suspended, canceled, revoked, or refused.
    • This also applies if there is a restriction on their license due to a previous DUI violation or under section 28-1385.


2.)Commits a third or subsequent DUI within 84 months:


    • Within a period of 84 months (seven years), commits a third or subsequent violation of section 28-1381, section 28-1382, or this section.
    • Has a prior conviction of any combination of section 28-1381, section 28-1382, or ARS 28-1383.
    • This includes acts committed in other jurisdictions that would be a violation if committed in Arizona.


3.)Drives with a person under 15 years old in the vehicle:


    • Commits a violation of either section 28-1381 or section 28-1382 while a person under 15 years old is in the vehicle.


4.)Violates DUI laws while required to have an ignition interlock device:


    • While ordered by the court or required under section 28-3319 to have a certified ignition interlock device on their vehicle, commits a violation of section 28-1381, section 28-1382, or ARS 28-1383.


5.)Drives the wrong way on a highway while violating DUI laws:


    • Commits a violation of section 28-1381, section 28-1382, or ARS 28-1383 while driving the wrong way on a highway.


An aggravated DUI is typically classified as a Class 4 felony, but it can be charged as a Class 6 felony if a minor is involved, or as a Class 3 felony for repeat offenders.

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What is the BAC for Aggravated DUI in Arizona?

The blood alcohol concentration (BAC) limits for an aggravated DUI in Arizona are consistent with those for a regular DUI. According to ARS 28-1383, an aggravated DUI charge:


Arises due to specific circumstances rather than higher BAC levels alone.


Here are the BAC limits:



Standard DUI:

  • 0.08% or higher for drivers aged 21 and older
  • 0.04% or higher for commercial drivers
  • Any detectable BAC for drivers under 21 (zero-tolerance policy)


Extreme DUI:

  • BAC of 0.15% or higher


Super Extreme DUI:

  • BAC of 0.20% or higher
ignition interlock device as aggravated dui penalty

What are the Penalties For Driving on a Suspended License

Driving on a suspended license in Arizona is a serious offense, and when combined with a DUI, it results in an aggravated DUI under ARS 28-1383.


  • Class 4 Felony Charges

    • An aggravated DUI while driving on a suspended license is classified as a Class 4 felony. 

  • Mandatory Minimum Prison Sentence

    • A minimum of four months in prison without the possibility of probation or suspension of execution of the sentence.
    • The sentence can be longer depending on prior criminal history and the circumstances of the offense.

  • Fines and Surcharges

    • Base fines can reach up to $4,600, including court costs, surcharges, and additional fees.
    • Additional costs for mandatory alcohol education and treatment programs.

  • License Revocation

    • Mandatory revocation of your driver’s license for at least one year.
    • After revocation, completion of an alcohol screening and other requirements is necessary before applying for reinstatement.

  • Ignition Interlock Device

    • Installation of an ignition interlock device for two years upon reinstatement of the driver’s license.

  • Probation

    • Up to ten years of probation, with conditions like community service and regular drug and alcohol testing.

  • Mandatory Alcohol Education and Treatment Programs

    • Enrollment in mandatory alcohol education or treatment programs.

Additionally, having prior felony convictions can significantly increase the severity of these penalties. A previous felony DUI conviction can elevate the charge to a Class 3 felony with an extended prison sentence, heavier fines, and longer probation periods.

Revocation vs. Suspension: Understanding License Penalties in Arizona DUI Cases

In Arizona, the consequences for DUI offenses include two primary forms of driver's license penalties: suspension and revocation. 


License Suspension

Refers to the temporary withdrawal of driving privileges for a set period, after which the driver can reinstate their license. Suspensions are common in first-time and less severe DUI offenses.


License Revocation

On the other hand, is a more severe penalty often resulting from more serious infractions such as aggravated DUIs or multiple DUI convictions. Revocation means the complete termination of the driver's license and driving privileges. To regain driving privileges after a revocation, one must reapply for a new license, which may involve re-taking driving tests and undergoing extensive reviews.


Contact The Defense Attorneys From Kolsrud Law Offices

If you've been charged with an aggravated DUI involving a suspended license, the consequences can be severe. Josh Kolsrud and his team of experienced defense attorneys at Kolsrud Law Offices are here to help. They will craft a strong defense strategy tailored to your unique situation.


He's taken on over 100 trials and handled more than 3,500 cases.


For more details on how Josh Kolsrud can assist with your case, or to schedule a free initial consultation, you can contact him directly at the Kolsrud Law Offices. He is available via phone at (602) 638-3790.

An award-winning criminal defense attorney Since 2006

Why Choose Josh Kolsrud

With over 100 trials to his name, and years of experience as a state and federal prosecutor, Josh understands the law, the legal process, and your rights. Josh is also committed to representing every client with utmost integrity and dedication



Josh has prosecuted major crimes on the state and federal level, led a successful anti-human sex trafficking operation that saved lives, and argued before countless juries and justices for his clients



Josh is an expert in both Arizona and federal criminal law, and is ready to put that expertise to work for you.



As a prosecutor, Josh saw far too many defendants lose their livelihood due to poor representation. Josh will always give every client his complete attention and effort

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