Comprehensive Arizona DUI Information
Arizona Felony DUI:
DUI on a Suspended, Revoked, Restricted License
If your license is suspended, revoked or restricted and you get an Arizona DUI, you can be charged with the serious felony of Aggravated Drunk Driving. This is a class 4 felony in Arizona. The minimum sentence a Judge can give you if convicted is 4 months in prison. Not jail, prison.
The State must prove beyond a reasonable doubt that your license was suspended, and that you knew or should have know that it was suspended, revoked or restricted.
28-1383. Aggravated driving or actual physical control while under the influence; violation; classification; definition.
Statute text
A. 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. Commits a violation of section 28-1381, section 28-1382 or this section while the person's driver
license or privilege to drive is suspended, canceled, revoked or refused
or while a restriction is placed on the person's driver license or
privilege to drive as a result of violating section 28-1381 or 28-1382
or under section 28-1385.
2. Within a period of sixty months commits a third or subsequent
violation of section 28-1381, section 28-1382 or this section or is convicted of a
violation of section 28-1381, section 28-1382 or this section and has
previously been convicted of any combination of convictions of section
28-1381, section 28-1382 or this section or acts in another jurisdiction
that if committed in this state would be a violation of section 28-1381,
section 28-1382 or this section.
3. While a person under fifteen years of age is in the vehicle, commits
a violation of either:
(a) Section 28-1381.
(b) Section 28-1382.
B. The dates of the commission of the offenses are the determining
factor in applying the sixty month provision provided in Subsection A,
paragraph 2 of this section regardless of the sequence in which the
offenses were committed. For purposes of this section, a third or
subsequent violation for which a conviction occurs does not include a
conviction for an offense arising out of the same series of acts.
C. The notice to a person of the suspension, cancellation, revocation or
refusal of a driver license or privilege to drive is effective as
provided in section 28-3318 or pursuant to the laws of the state issuing
the license.
D. A person is not eligible for probation, pardon, commutation or
suspension of sentence or release on any other basis until the person
has served not less than four months in prison if the person is
convicted under either of the following:
1. Subsection A, paragraph 1 of this section.
2. Subsection A, paragraph 2 of this section and within a sixty month
period has been convicted of two prior violations of section 28-1381,
section 28-1382 or this section, or any combination of those sections,
or acts in another jurisdiction that if committed in this state would be
a violation of section 28-1381, section 28-1382 or this section.
E. A person who is convicted under Subsection A, paragraph 2 of this
section and who within a sixty month period has been convicted of three
or more prior violations of section 28-1381, section 28-1382 or this
section, or any combination of those sections, or acts in another
jurisdiction that if committed in this state would be a violation of
section 28-1381, section 28-1382 or this section is not eligible for
probation, pardon, commutation or suspension of sentence or release on
any other basis until the person has served not less than eight months
in prison.
F. In addition to any other penalty provided by law, a person who is
convicted under Subsection A, paragraph 3, subdivision (a) of this
section shall be sentenced to at least the minimum sentence required
pursuant to section 28-1381, except that if a person has been convicted
of at least two prior violations of section 28-1381, section 28-1382 or
this section, or any combination of those sections, or convicted of at
least two prior acts in another jurisdiction that if committed in this
state would be violations of section 28-1381, section 28-1382 or this
section, or any combination of those sections, within a sixty month
period, the person shall be sentenced to serve at least the minimum
sentence required pursuant to this section.
G. In addition to any other penalty provided by law, a person who is
convicted under Subsection A, paragraph 3, subdivision (b) of this
section shall be sentenced to at least the minimum sentence required
pursuant to section 28-1382, except that if a person has been convicted
of at least two prior violations of section 28-1381, section 28-1382 or
this section, or any combination of those sections, or convicted of at
least two prior acts in another jurisdiction that if committed in this
state would be a violation of section 28-1381, section 28-1382 or this
section, or any combination of those sections, within a sixty month
period, the person shall be sentenced to serve at least the minimum
sentence required pursuant to this section.
H. A person who is convicted of a violation of this section shall attend
and complete alcohol or other drug screening, education or treatment
from an approved facility. If the person fails to comply with this
subsection and is placed on probation, in addition to the provisions of
section 13-901 the court may order that the person be incarcerated as a
term of probation as follows:
1. For a person sentenced pursuant to Subsection D of this section, for
an individual period of not more than four months and a total period of
not more than one year.
2. For a person sentenced pursuant to Subsection E of this section, for
an individual period of not more than eight months and a total period of
not more than two years.
I. The time that a person spends in custody pursuant to Subsection H of
this section shall not be counted towards the sentence imposed if the
person's probation is revoked and the person is sentenced to prison
after revocation of probation.
J. The court:
1. Shall report the conviction to the department. On receipt of the
report, the department shall revoke the driving privilege of the person.
The department shall not issue the person a new driver license within
three years of the date of the conviction and, for a conviction of a
violation of Subsection A, paragraph 1 or 2 or paragraph 3, subdivision
(b) of this section, shall require the person to equip any motor vehicle
the person operates with a certified ignition interlock device pursuant
to section 28-3319. In addition, the court may order the person to equip
any motor vehicle the person operates with a certified ignition
interlock device for more than twelve months beginning on the conclusion
of the license suspension or revocation or on the date of conviction,
whichever occurs later. The person who operates a motor vehicle with a
certified ignition interlock device under this paragraph shall comply
with Article 5 of this chapter.
2. In addition to any other penalty prescribed by law, shall order the
person to pay an additional assessment of two hundred fifty dollars. If
the conviction occurred in the superior court or a justice court, the
court shall transmit the monies received pursuant to this paragraph to
the county treasurer. If the conviction occurred in a municipal court,
the court shall transmit the monies received pursuant to this paragraph
to the city treasurer. The city or county treasurer shall transmit the
monies received to the state treasurer. The state treasurer shall
deposit the monies received in the driving under the influence abatement
fund established by section 28-1304. Any fine imposed for a violation of
this section and any assessments, restitution and incarceration costs
shall be paid before the assessment prescribed in this paragraph.
K. Aggravated driving or actual physical control while under the
influence of intoxicating liquor or drugs committed under:
1. Subsection A, paragraph 1 or 2 of this section is a class 4 felony.
2. Subsection A, paragraph 3 of this section is a class 6 felony.
L. For the purposes of this section, "suspension, cancellation,
revocation or refusal" means any suspension, cancellation, revocation or
refusal.