A driver’s license is a privilege that allows millions of Americans the ability to travel for work, school, leisure, and emergencies. The loss of a driver’s license after a DUI Arrest in Utah can be extremely problematic. Many people who are arrested for DUI do not understand their rights. It’s critical to remember that you have 10 days after the initial arrest in to request a hearing with the Utah Driver License Division (DLD). Missing the driver’s license suspension hearing automatically gives you the suspension period that comes with your specific offense.
It’s in your best interest to do everything possible and present a strong case. An experienced Salt Lake City DUI attorney can be an incredible asset to have in both the DLD hearing and criminal hearing, helping you fight hard to protect your license and livelihood.
Salt Lake City Driver’s License Suspension Hearing Attorney
Salt Lake City criminal defense attorney Darren M. Levitt understands the consequences that an unsuccessful driver’s license suspension hearing can have on his clients. This is why he carefully examines all aspects of his client’s cases, finding details that can be used to their advantage when before the Division. Darren M. Levitt can also gather important information during cross-examination that can help during the criminal proceeding, including weaknesses in prosecution and investigation errors.
If you or a loved one is facing driver’s license suspension in Salt Lake County, Tooele County, Summit County, or the surrounding areas, call (801) 455-1743 or send an online message. Darren M. Levitt will help you understand the process and fight hard to help you avoid driver’s license suspension when you can least afford it.
Driver’s License Suspension after a DUI in Utah
The Utah legislature increased the driver license suspension periods for certain DUI crimes that occurred after July 1, 2009 with Senate Bill 272. The following are the changes made by the bill:
- First DUI – 120 Days
The driver’s license suspension period was increased from 90 days to 120 days, for anyone who was over the age of 21 on the date of the offense for a first DUI.
- Second or Subsequent DUI – Two Years
The driver’s license suspension period was increased from one year to two years, for anyone who was over the age of 21 on the date of the offense for a second or subsequent DUI.
- DUI Refusal With a Previous Sanction – 36 Months
The driver’s license suspension period was increased from 24 months to 36 months, for anyone who was over the age of 21 on the date of the offense for a refusal with a previous sanction.
- Under 21 First DUI – 120 Days or Turn 21 Years Old (Whichever Longer)
The driver’s license suspension period was increased from 90 days to 120 days or until the driver turns 21 year old, whichever is longer, for anyone who was over the age of 21 on the date of the offense for a first DUI.
- Under 21 Second of Subsequent DUI – 2 Years or Turn 21 Years Old (Whichever Longer)
The driver’s license suspension period was increased from one year to two years or until the driver turns 21 year old, whichever is longer, for anyone who was over the age of 21 on the date of the offense for a second or subsequent DUI.
- Under 21 Refusal – 18 Months or Turn 21 Years Old (Whichever Longer)
The driver’s license suspension period was increased to 18 months or until the driver turns 21 year old, whichever is longer, for anyone who was over the age of 21 on the date of the offense and refused to take the chemical test.
- Under 21 Refusal With a Prior Sanction – 36 Months or Turn 21 Years Old (Whichever Longer)
The driver’s license suspension period was increased from one year to two years or until the driver turns 21 year old, whichever is longer, for anyone who was over the age of 21 on the date of the offense.
Driver’s License Suspension Hearings
Law enforcement officers are required to notify you of your right to contest the driver’s license suspension within 24 hours of arrest. Once you are arrested, you have 10 days to officially request a hearing with your county’s Driver License Division and present your case to keep your license. The hearing occurs within 29 days of the initial DUI arrest and the license suspension begins on the 30th day.
A hearing with the Driver’s License Suspension is separate from the criminal proceedings and will determine the fate of your driver’s license, not the potential conviction. The hearing is administrative in nature and is limited in scope. It primarily focuses on the law enforcement officer’s grounds for pulling you over initially. Keep in mind that the law enforcement officer, by law, must have reasonable provocation to pull a driver over.
During the hearing, results of the blood alcohol level tests, drug recognition evaluation tests, or other field sobriety exercise will be used. If the individual refused the test, the Driver License Division will automatically revoke the driver’s license for a set period of time (defined above).
If the final judgment of the Driver License Division is to suspend the license, you may still seek a judicial review of the license revocation. However, this does not ensure that the license will be reinstated.
Levitt Legal, PLLC || Utah Driver License Division Hearing Lawyer
Given the potential impact of a driver’s license suspension on your life and that of your family, it’s important to take the DLD hearing seriously. Discussing your options with a dedicated Salt Lake City defense lawyer is the first step to helping you avoid this consequence. Call (801) 455-1743 to begin building a solid defense strategy to safeguard your driver’s license privilege with Levitt Legal at your side.