DUS/ Driving Under Suspension

DUS is a graduated offense, which means that the penalties become more severe each time you receive a conviction. A DUS conviction carries an additional, consecutive license suspension.  DUS counts as a "serious" traffic offense for purposes of the habitual traffic offender statute, and can cause your license to be revoked if you have accumulated too many offenses.  For this reason alone, any time you are charged with DUS you should fight it to avoid a conviction.  Any DUS conviction is punishable by jail time, but a DUS third offense carries a mandatory jail sentence if the original suspension was for DUI (driving under the influence).

To prove DUS, the state must prove beyond a reasonable doubt that you were in fact driving, that your license was suspended at the time you were driving, and that you had notice that your license was suspended. What this means is if you were unaware that your license was suspended, and the state cannot produce proof beyond a reasonable doubt that you were properly notified of the suspension, the jury can find you not-guilty.