ARS 28-1383 (A)(1) - Driving with a Revoked or Suspended License

Under Arizona law, ARS 28-1383 (A)(1) makes driving illegal with a suspended or revoked driver’s license illegal. 



This page will discuss all you need to know about being charged with ARS 28-1383 (A)(1) in Arizona, including a breakdown of the Penalties, Fees and DUI defenses to help get your charges reduced or even dismissed!


Continue reading below. If you have any questions, contact DUI attorney Arja Shah today.


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Arizona DUI Defense From The Shah Law Firm

ARS 28-1383 (A)(1) makes driving illegal in Arizona with a suspended or revoked license. But what exactly does this law entail? What are the consequences, and how does this all tie into DUI convictions?

Let’s take a deeper dive into this subject. In this article, we will delve into the following subtopics:

In this article, we’ll cover the following topics:

The Shah Law Firm’s experienced DUI defense attorneys are here to help you.



What Constitutes a Revoked or Suspended License under ARS 28-1383 (A)(1) in Arizona?

To successfully charge a driver with “impaired driving with a suspended, revoked, or invalid license” under ARS 28-1383A1 in Arizona, the following criteria must be met by the prosecutor:

  • The accused must have been operating or maintaining actual physical control of a vehicle while under the influence of drugs and/or alcohol,
  • The accused was operating or maintaining actual physical control of a vehicle with a Blood Alcohol Content (BAC) exceeding the legal limit of .08%, and
  • The individual operated the vehicle with a suspended, revoked, or invalid driver’s license.

It is essential to understand that the Arizona Department of Transportation Motor Vehicle Division (MVD) has the authority to revoke, suspend, or cancel a person’s driving license or privileges for various reasons.

These reasons include but are not limited to:

  • Violating any of Arizona’s impaired driving laws,
  • Being convicted of a crime (including offenses related to intoxicated driving),
  • Not showing up for a court hearing,
  • Not making court-ordered child support payments, and
  • Accumulating many points on a driver’s record due to traffic violations.

Operating a vehicle under the influence on a suspended, revoked, or invalid license escalates the charge to a felony DUI, specifically, a Class 4 felony, as opposed to the lesser charge of a misdemeanor DUI.

Being convicted of this offense guarantees a minimum of 4 months of incarceration in a state prison (instead of serving time in a local jail).

Moreover, a presiding judge has the authority to administer additional sanctions related to DUI offenses, which can include:

  • A minimum fine of $4,000,
  • Suspension of the driver’s license for at least 1 year,
  • Mandatory screening for alcohol or other drug use, and if necessary, enrollment in educational programs or treatment,
  • A requirement to use an ignition interlock device (IID) for at least 2 years while operating a vehicle,
  • Enrollment in a traffic survival course, and
  • Confiscation of the offending vehicle.

Can a DUI Conviction Result in a Suspended or Revoked License Under ARS 28-1383 (A)(1)?

The short answer is yes.

An aggravated DUI conviction is one of Arizona’s most common reasons for license suspension or revocation.

Under ARS 28-1381, first-time DUI offenders can face a 90-day license suspension.

If your blood alcohol concentration (BAC) is exceptionally high or your second or third DUI offense is within seven years, your license may be revoked for a year or longer.

How Can the Shah Law Firm Help You if Charged Under ARS 28-1383 (A)(1)?

If you find yourself charged under ARS 28-1383 (A)(1), you’ll likely feel various emotions: stress, worry, and perhaps even fear.

This is where The Shah Law Firm steps in.

Our team of experienced DUI defense attorneys, well-versed in Arizona laws and court procedures, is ready to offer steadfast support and a rigorous defense strategy.

How can we help? Firstly, we can examine the specifics of your case, including the reason for the initial traffic stop and your notification of license suspension. If any procedural errors occur, we can leverage these to your advantage.

Secondly, we can guide you through the often overwhelming Arizona court procedures, ensuring you understand every step. With our experience and knowledge, we can help you navigate the system and work to protect your rights.

Finally, if your case involves a DUI conviction, we can bring our extensive experience in intoxicated driving defense into play. We aim to achieve the best possible outcome for your unique situation.

Top 5 FAQs About ARS 28-1383 (A)(1)

Below are the most common questions when a person has been arrested and charged with driving with a suspended or revoked license.

Can an ARS 28-1383 (A)(1) charge affect your insurance in Arizona?

An ARS 28-1383 (A)(1) charge can impact your insurance. If you’re convicted of driving with a suspended or revoked license, it’s likely to increase your car insurance premiums. This is because insurance companies generally view driving convictions as an indicator of risk.

Additionally, a conviction may require you to file an SR-22 form with the Arizona MVD. This form proves you carry the state-mandated minimum insurance coverage, but it also notifies the MVD of any changes to your insurance status. It’s often required for high-risk insurance policies, which are more expensive.

How to regain driving privileges after a license suspension or revocation in Arizona?

If your license has been suspended or revoked, regaining your driving privileges will require a bit of legwork. Once the suspension or revocation period has ended, you’ll need to apply for license reinstatement with the Arizona MVD. This process may involve completing a defensive driving course or alcohol education program, obtaining SR-22 insurance, and paying reinstatement fees.

If my license is suspended due to unpaid parking tickets, can I be charged under ARS 28-1383 (A)(1)?

Yes, driving on a suspended license, irrespective of the cause of suspension, falls under the purview of ARS 28-1383 (A)(1) if you’re caught operating a vehicle while your license is suspended, even if due to unpaid parking tickets, you may face the charges specified under this statute.

Is there a grace period after my license is suspended before ARS 28-1383 (A)(1) is enforced?

No, there is no grace period. Once the Arizona MVD has issued a suspension or revocation on your license, you are immediately prohibited from driving. If caught, you may be charged under ARS 28-1383 (A)(1).

If my license was suspended due to a medical condition, can I still be charged under ARS 28-1383 (A)(1)?

Yes, if you are driving with a suspended license, you can be charged under ARS 28-1383 (A)(1) regardless of the reason. Following the proper procedures to regain your driving privileges before getting behind the wheel is essential.

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