If you have been charged with a DUI (“drunk driving”) in Utah then you have the ability to request a driver’s license hearing to make sure you do not automatically lose your drivers license. This administrative hearing is a great way to find out more about your case than just the police reports and witness statements. The administrative hearing is held at the Drivers License Division building usually in the county where you were charged with a DUI. This hearing is informal and many police officers appear by telephone to recite their side of the story and findings. The advantage to having this hearing is the ability to ask the police officer questions. At Arnold & Wadsworth we use this opportunity to lock the officer into a story so that the officer can not be changed later. Usually, we will also find out another dimension of the arrest that will give us new insight on how to represent you in the DUI criminal proceedings.
If the police officer does not show up by telephone or in person then it is likely that your drivers license will not be suspended. This is because there is no one there to testify about the events. You can also testify, but depending on your circumstances it might be better if you did not testify.
Appeal the Drivers License Division Decision
If you end up losing your drivers license after your hearing you can still appeal the decision. This requires appealing it to District Court. However, this is to your advantage because you will now be in front of a judge instead of an employee of the Drivers License Division. The Drivers License Division will have to prove that your license has been suspended. In most cases this is when people usually win and get to keep their license. This can also get you a better deal, or less of a suspension.
At Arnold & Wadsworth we offer a free consultation for DUI Charges. Give us a call today to take the time to sit down with us to go over your case. There is no reason to not take advantage of our free consultation. We look forward to meeting with you.