Driving on a Driver License Suspended for DUI

Driving on a driver license suspended for DUI.  I am Gordon Thompson and today is June 30, 2016.  The topic of today’s podcast is what happens if I’m caught driving on a license suspended for DUI?


The first possibility is, if at the time the person is driving on a suspended license they are also driving as a DUI, meaning impaired to some extent, then that can be charged as a class 4 felony, Aggravated DUI.  The mandatory minimum sentence if somebody’s found guilty of an Aggravated DUI, DUI while driving on a suspended license, is four months in state prison with the presumptive sentence being 2 1/2 years in state prison, and so the consequences can be very serious.


A second possibility is if the person is not DUI but driving on a suspended license as a misdemeanor, that is, a class 1 misdemeanor.  There is no minimum sentence; that requirement was abolished several years ago, however, the maximum possible sentence is six months in jail and three years of summary probation.  In addition, if someone is found guilty of the offense their license is restricted for a period of one year.  Those restrictions can be fairly tight, for example, to and from work or doctor’s appointments or for other specified reasons, and so there is a further limitation on the person’s ability to drive.


Another concern that people should have about driving on a suspended license is that if they’re involved in an accident their insurance company may disclaim coverage and may say that they don’t have to pay for the damages.  That provision is in most insurance policies these days and is rarely enforced, but nevertheless that is a possibility.  If the insurance company does disclaim responsibility for the damages and injuries caused the driver will have to pay for those themselves.


Now the question is, how can I get caught driving on a suspended license?  Well in Paradise Valley or in Scottsdale that’s easy because the police cars now have cameras on them which can automatically scan license plates.  If the license plate comes back license suspended for the owner of the vehicle for any reason, the officers can stop the vehicle, and if the owner with the suspended license is driving the officer will impound the vehicle for 30 days.  The vehicle may be subject to early release before the 30 days is up, for example the person’s spouse can get it out.  If though within the past 12 months the vehicle has been early released before, for example for DUI. It is not now eligible for the early release. In addition to that, the person who got the vehicle out early before, for example the spouse, is subject to a civil penalty of $250 or more for allowing they vehicle to be driven illegally by a person driving on a suspended license.  Therefore someone’s spouse can be financially responsible the person is caught driving on a suspended license.


Now these are some of the consequences of what happens if someone is found guilty of a driving on a suspended license suspended for a DUI.


If you have any questions please call me to discuss it.

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