12339 S. 800 E., Suite 101 Draper, UT, 84020

FAQ

In Utah, do they suspend my license immediately after I am arrested?

No.  The officer should have given you a notice that indicated that you have 10 days after the arrest to request a hearing.  If you do not request a hearing within that period of time, your license will automatically be suspended.  There are many things an experienced attorney can do to try to save your license.  It is important that you consult with an attorney as soon as possible after you are arrested for DUI to preserve your rights.

Remember, you only have 10 days to request a hearing to try to keep your license and minimize the impact your arrest will have on you and your family.  Because of the short time limits, you should consult with an attorney as soon as possible.

For a free consultation with an expert attorney on Driver’s License and DUI issues, contact Lorenzo Miller at (385) 232-5456.

Do I need an attorney to request or attend a Utah driver’s license DUI hearing?

No.  It is not required that you have an attorney to request or attend the hearing. However, even though you are not required to have an attorney assist you with requesting and attending the hearing, the right to drive is critical and this hearing affects important rights.  In order to protect yourself in both the criminal matter and protect your right to drive, you should seek an experienced defense attorney to help you through this process.

Remember, you only have 10 days to request a hearing to try to keep your license and minimize the impact your arrest will have on you and your family. Because of the short time limits, you should consult with an attorney as soon as possible after you are arrested for DUI to preserve your rights.

For a free consultation with an expert attorney on Driver’s License and DUI issues, contact Lorenzo Miller at (385) 232-5456.

What happens at a Utah DUI Driver’s License Hearing?

  • Your Driver’s License Hearing will take place at a the Department of Public Safety, and will be conducted by a hearing officer from the Drivers License Division.
  • The police officer involved in your DUI arrest will appear, either in person or over the phone, to describe the incident. During the hearing, the police officer will describe the evidence involved and any other issues related to your case.
  • After the officer presents evidence, you will have a chance to present evidence or to cross-examine the police officer and challenge any information that is not accurate or may have been handled improperly during the arrest. You also have the right to call your own witnesses.
  • After you have presented your evidence, you are allowed to make a closing statement in which you should make a compelling argument to prevent your driver’s license from being suspended.
  • Having an attorney assist you with this hearing could be very important to avoid the technicalities involved with the hearing. 

Remember, you only have 10 days to request a hearing to try to keep your license and minimize the impact your arrest will have on you and your family. Because of the short time limits, you should consult with an attorney as soon as possible after you are arrested for DUI to preserve your rights.

For a free consultation with an expert attorney on Driver’s License and DUI issues, contact Lorenzo Miller at (385) 232-5456.

If I lose my driver’s license for a DUI in Utah, how long will it be suspended?

  • Under the age of 19 for a first offense:
    • Not-a-Drop arrest – 1 year suspension effective 30 days from arrest date
    • Per-Se arrest – 2 year suspension effective 30 days from arrest date
  • 19 or 20 years old for a first offense:
    • Not-a-Drop arrest – 6 month suspension effective 30 days from arrest date
    • Per-Se arrest – 6 month suspension effective 30 days from arrest date
  • Under age 21 for a first offense and refuses to submit to a chemical test, the license will be revoked for a period of 2 years for a first offense.
  • 21 or older for a first offense:
    • Per-Se arrest – 120 days
    • Refuse to submit to a chemical test – 18 months
  • 21 or older for a second or subsequent arrests, the following suspension periods will be:
    • Per-Se arrest – 2 years
    • Refuse to submit to a chemical test – 36 months

Remember, you only have 10 days to request a hearing to try to keep your license and minimize the impact your arrest will have on you and your family. Because of the short time limits, you should consult with an attorney as soon as possible after you are arrested for DUI to preserve your rights.

For a free consultation with an expert attorney on Driver’s License and DUI issues, contact Lorenzo Miller at (385) 232-5456.

Can I get a conditional license in Utah after my driver’s license was suspended for a DUI?

Usually not.  Conditional licenses are very rare and only available to people whose license has been suspended for over 3 years.  If this has occurred to you, you may be able to get a conditional license to drive to and from work or school.

Remember, you only have 10 days to request a hearing to try to keep your license and minimize the impact your arrest will have on you and your family.  Because of the short time limits, you should consult with an attorney as soon as possible after you are arrested for DUI to preserve your rights.

For a free consultation with an expert attorney on Driver’s License and DUI issues, contact Lorenzo Miller at (385) 232-5456.

What is the penalty in Utah for driving while my license is suspended for a drug or alcohol related reason?

  • Under Utah law, a driving on an alcohol related suspended license is a Class B misdemeanor.  It requires that you personally appear in court and, if convicted, you could pay a fine of up to $1,850.00 and the judge has the option of sentencing you to 180 days in jail.  Although the judge has this option, the recommended fine for a first violation is $723.00.  It is not uncommon to have jail imposed if there are multiple violations of this law.
  • If you are convicted of driving on an alcohol related suspended license, the driver’s license will also extend the period of your suspension.

Having an attorney assist you if you are charged with driving on a suspended license could be very important to protect your ability to drive. 

Remember, you only have 10 days to request a hearing to try to keep your license and minimize the impact your arrest will have on you and your family.  Because of the short time limits, you should consult with an attorney as soon as possible after you are arrested for DUI to preserve your rights.

For a free consultation with an expert attorney on Driver’s License and DUI issues, contact Lorenzo Miller at (385) 232-5456.

What do I have to do to get my Utah license again after my DUI suspension time is over?

Your license is not automatically renewed after your suspension time has expired.  You must apply for your license at a driver’s license location and pay a reinstatement fee of $65 as well as an administrative fee of $170. Driver’s license accepts cash, checks, money orders, and credit cards in all offices.

For a listing of Utah Driver’s License Locations click here.

You will also need to meet all requirements as set out by the court. This can include jail time, community service hours, drug and alcohol counseling, and fines.

Here a few tips to avoid multiple trips to the Driver’s License Offices:

  • Double check that you have all the correct documentation before visiting a driver license office.
  • Documents must be an original or a copy certified by the issuing agency.  Faxed or photocopied documents will NOT be accepted.
  • Any name variation from your identity document must be accompanied by legal authorizing documentation identifying the updated information (marriage, divorce or court order).
  • Arrive early enough to be able to complete processing, even if you are there before closing time, they will not guarantee completion of required processing after closing time.
  • Although you may pay for your license by check, credit card, or cash, there are a few things you should know to prevent inconvenience.  They will not cash payroll or two-party checks. The checks must be made payable to the Department of Public Safety and must be in the correct amount. If your check is returned by the bank without payment, you will be required to pay a $20 service charge, if you wish to keep your driving privilege.

Remember, you only have 10 days to request a hearing to try to keep your license and minimize the impact your arrest will have on you and your family.  Because of the short time limits, you should consult with an attorney as soon as possible after you are arrested for DUI to preserve your rights.

For a free consultation with an expert attorney on Driver’s License and DUI issues, contact Lorenzo Miller at (385) 232-5456.

Will there be any restrictions on my license once I get it back after a Utah DUI suspension?

Yes.  Once a license is reinstated after a DUI, you will become an alcohol-restricted driver.  This means you may not drive with ANY alcohol in your system. You may also be required to install an ignition interlock devise on your vehicle.

IMPORTANT NOTE:  You will automatically become an Alcohol Restricted Driver under the circumstances described above and may not receive notice from the Driver’s License Division or the Courts.  Your license will not say you are Alcohol Restricted but law enforcement will have access to computers, which will notify them that you are not to drive with any alcohol in your system.

There are many ways to attempt to avoid becoming an alcohol-restricted driver or having to pay for and install an ignition interlock.  Having an attorney assist you with your driver’s license issues and your criminal case helps you to protect these important rights.

Remember, you only have 10 days to request a hearing to try to keep your license and minimize the impact your arrest will have on you and your family.  Because of the short time limits, you should consult with an attorney as soon as possible after you are arrested for DUI to preserve your rights.

For a free consultation with an expert attorney on Driver’s License and DUI issues, contact Lorenzo Miller at (385) 232-5456.

How long do the Utah alcohol-restricted driver conditions last?

  • Two (2) years for a first conviction for DUI, alcohol related reckless driving, or impaired driving;
  • Two (2) years if your license was suspended by the Diver’s License Division;
  • Three (3) years for a conviction for an alcohol restricted driver violation;
  • Three (3) years for a conviction for an ignition interlock violation;
  • Five (5) years for a first arrest for refusal to submit to a chemical test;
  • Ten (10) years for a second conviction for DUI or alcohol related reckless driving or a second arrest for refusal to submit to a chemical test within ten years of a first offense;
  • Lifetime for felony DUI or automobile homicide.

If you have questions about whether you are an alcohol restricted driver, you should contact the Utah Driver’s License Division before driving after your license is renewed.

For a free consultation with an expert attorney on Driver’s License and DUI issues, contact Lorenzo Miller at (385) 232-5456.

How does being an Alcohol-Restricted Driver in Utah affect my ability to drive legally?

  • You may not drive with any alcohol in your system.
  • Remember, the restriction begins on the conviction date of a citation for DUI, alcohol-related reckless driving or automobile homicide, or the effective date of a suspension or revocation for PerSe arrest or refusal to submit to a chemical test.
  • Once you are eligible to reinstate your driving privilege, the alcohol restriction will remain in effect until the time period is expired.

For a free consultation with an expert attorney on Driver’s License and DUI issues, contact Lorenzo Miller at (385) 232-5456.

What is the penalty in Utah for driving with alcohol in my system if I am an alcohol restricted driver?

  • Under Utah law, a violation of the alcohol restriction is a Class B misdemeanor.  It requires that you personally appear in court and, if convicted, you could pay a fine of up to $1,850.00 and the judge has the option of sentencing you to 180 days in jail.  Although the judge has this option, the recommended fine for this violation is $1,615.00.
  • A conviction for a violation of the Alcohol Restricted License Law will also result in a one (1) year revocation of your driving privilege.

If you are charged with driving with alcohol in your system and you are a restricted driver, you should seek legal counsel to help you protect your rights and your ability to drive.

For a free consultation with an expert attorney on Driver’s License and DUI issues, contact Lorenzo Miller at (385) 232-5456.

What is an Ignition Interlock Device and if I am required to have one by Utah law, how will it affect my ability to drive in Utah?

An ignition interlock device or breath alcohol ignition interlock device is a type of breathalyzer which is installed to your car’s dashboard. Before the vehicle’s motor can be started, the driver first must blow into the device.  If alcohol is detected in the driver’s breath, the device prevents the engine from being started.

If you are required to have an ignition interlock installed, YOU MUST NOT DRIVE A VEHICLE WITHOUT AN IGNITION INTERLOCK DEVICE INSTALLED.

There are many ways to attempt to avoid having to pay for and install an ignition interlock.  Having an attorney assist you with your driver’s license issues and your criminal case helps you to protect these important rights.

For a free consultation with an expert attorney on Driver’s License and DUI issues, contact Lorenzo Miller at (385) 232-5456.

How will I know if I am required to get an ignition interlock?

If you meet the any of the conditions listed below, you are expected to know you are a restricted driver and may not receive notice from the court or the Driver’s License Division.  Your physical driver’s license may not show that you are Ignition Interlock Restricted!  Law enforcement has access to see the Ignition Interlock Restriction on the state computer and may issue a citation even if you do not show the restriction on your card.

You must have an ignition interlock if:

  • You have been ordered by a court or the Board of Pardons and Parole as a condition of probation or parole not to operate a motor vehicle without an ignition interlock system;
  • You were convicted for first DUI within the previous 18 months and was over the age of 21 when they committed the offense;
  • You were convicted for a first DUI within the previous 3 years and was under the age of 21 when they committed the offense;
  • You were convicted of a second or subsequent DUI (that is not a felony) within the previous 10 years;
  • You were convicted of a felony DUI within the previous six years;
  • You were convicted of an automobile homicide;
  • You were convicted of driving without an ignition interlock within the previous three years;
  • You have had his or her license revoked for refusal to submit to a chemical test within the previous three years.

There are many ways to attempt to avoid having to pay for and install an ignition interlock.  Having an attorney assist you with your driver’s license issues and your criminal case helps you to protect these important rights. 

For a free consultation with an expert attorney on Driver’s License and DUI issues, contact Lorenzo Miller at (385) 232-5456.

How long does the ignition interlock restriction last in Utah?

  • Eighteen (18) months for a first DUI for a driver 21 years of age or older at the time of offense;
  • Three (3) years for a first DUI for a driver under 21 years of age at the time of offense;
  • Three (3) years for an interlock restricted driver violation;
  • Three (3) years for a second or subsequent DUI, or alcohol related reckless offense, impaired driving offense, metabolite offense or driving with a measurable amount of controlled substance in the body and causing serious bodily injury or death within 10 years;
  • Three (3) years for an arrest for refusal to submit to a chemical test;
  • Six (6) years for a felony DUI
  • Ten (10) years for automobile homicide.

For a free consultation with an expert attorney on Driver’s License and DUI issues, contact Lorenzo Miller at (385) 232-5456.

In Utah, do I have to have an ignition interlock installed on a vehicle supplied by my work for me to drive?

Maybe not. There is a very limited exception for driving an employer vehicle while you are doing work for that employer.  You should consult an attorney before relying on this exception.

For a free consultation with an expert attorney on Driver’s License and DUI issues, contact Lorenzo Miller at (385) 232-5456.

What is the penalty in Utah for being convicted of driving without an ignition interlock if I am a restricted driver?

  • Under Utah law, a violation of the ignition interlock condition is a Class B misdemeanor.  It requires that you personally appear in court and, if convicted, you could pay a fine of up to $1,850.00 and the judge has the option of sentencing you to 180 days in jail.  Although the judge has this option, the recommended fine for this violation is $623.00.
  • If a driver is convicted for operating or being in actual physical control of a motor vehicle in this state without an ignition interlock device, their driving privilege will also be revoked for a period of one year from the conviction date.

If you are charged with driving without an ignition interlock, you should seek legal counsel to help you protect your rights and your ability to drive.

For a free consultation with an expert attorney on Driver’s License and DUI issues, contact Lorenzo Miller at (385) 232-5456.

If I have a driver’s license in another state, does being an Alcohol Restricted Driver or required to install an Ignition Interlock Restricted Driver affect my ability to drive in Utah?

Although you are not currently licensed in the state of Utah, your privilege to drive in the state of Utah is affected by both of these laws and you will be required to obey these restrictions while driving anywhere in Utah.

For a free consultation with an expert attorney on Driver’s License and DUI issues, contact Lorenzo Miller at (385) 232-5456.

How will a DUI affect my CDL and my ability to drive a commercial vehicle?

It dependsThere is no one answer to this question.  Commercial driver licenses are different from non-commercial licenses and different rules apply.  Generally the CDL disqualification for a first offense is one year and three years on a second or subsequent offense.  Additionally, the interlock requirements and/or other probation requirements resulting from a DUI may prevent companies and employers from hiring you or continuing your employment.  You should seek specific legal advice if you have a CDL and are accused of DUI.

It is important to note that if you are operating a commercial vehicle at the time of the arrest, the legal BAC is .04 and not .08.  Additionally, if you are carrying hazardous materials at the time, the disqualification may be for three years, not one, and on any subsequent offenses it maybe for life!

If you were arrested for DUI and you have a CDL, you should seek expert legal assistance with your case.  An ExProsecutors’ understanding of the law and the mindset of cops and prosecutors can be your advantage.

For a free consultation with defense attorney, Lorenzo Miller, call him at (385) 232-5456.