A.R.S. § 28-3473
A.R.S. § 28-3473 — Driving on a Suspended License
A.R.S. § 28-3473 makes it a class 1 misdemeanor to drive while your license is suspended, revoked, canceled, or refused. It is one of the most commonly charged crimes in Arizona’s city courts — and one of the most mechanical: many defendants never knew they were suspended, because the suspension began with an unpaid ticket and a letter they never saw.
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What the State must prove
The offense requires driving on a public highway while the privilege is suspended — and the State must show the driver knew or should have known. MVD satisfies notice by mailing to the address on record, which creates a presumption of knowledge, not proof: people move, mail fails, and suspensions triggered by unpaid fines or missed court dates routinely surprise the person they attach to. Attacking notice is the first move in most of these cases.
Penalties
A class 1 misdemeanor carries up to six months in jail and up to $2,500 in fines plus surcharges, though first offenses typically resolve well short of that. The quieter consequences bite harder: the suspension period extends, the vehicle can be impounded for 30 days in specified cases, and a conviction stacks the record that later turns a routine stop into an aggravated DUI charge if alcohol is ever involved — driving on a suspended license is what elevates a misdemeanor DUI to a class 4 felony.
Fixing the underlying problem
Most suspensions are administrative — unpaid tickets, missed hearings, insurance lapses — and most can be cleared: paying or restructuring the fines, reinstating with MVD, and documenting compliance. Courts treat a defendant who arrives with a valid license very differently from one still suspended, so restoring the license before the pretrial conference is often the single most productive step in the case.
Resolution goals run from dismissal on notice grounds to reduction to a civil no-valid-license violation. The approach is on the criminal traffic defense page, with a plain-language walkthrough in the suspended license guide.
Common questions
What if I did not know my license was suspended?
Knowledge is an element the State must establish, and the mailing presumption can be rebutted — wrong address on record, returned mail, no actual notice. It is the most common and most successful defense to this charge.
Will my car be impounded?
In specified circumstances Arizona law authorizes a 30-day impound when the driver is suspended, which means towing and storage fees stack on top of the criminal case. Whether impound applies depends on the basis of the suspension.
Can the charge be reduced?
Frequently — particularly when the license is reinstated before resolution. A reduction to a civil violation avoids the criminal record and stops the suspension-extension spiral.
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