At Arnold, Wadsworth & Coggins Attorneys, we understand how serious DUI charges are. We know that you will take them serious and we will too. We will do everything legally we can do in order to try and protect your rights as the accused in your DUI case. We will not simply take your money, then try to get you a deal to get us out of the case. We will examine your case in great detail to make sure that if there is a deal offered that it is in your best interest. We will tell you the strengths and weaknesses of your case. This will educate you about your case and will be enable you to make decisions in the appropriate manner. Give us a call today for a free consultation at (801) 475-0123.
When you are charged with a DUI there are a lot of possible consequences and penalties. Before you ever think about the consequences you need to think about your rights. As a Utah DUI Attorney, we know that being charged with a DUI is a very intrusive event that can have serious consequences. Make sure that if you are not hiring an attorney that you request a driver’s license hearing as outlined on your ticket. For a lot of people keeping their license can be important to keeping their job.
Next you have a Drivers License Hearing. There are some strict guidelines and procedures you need to follow in order to be able to even have this hearing. You need to remember that this hearing is civil in nature is only dealing with you Driver’s License. The DLD will think that you are guilty so it will be your responsibility to show them that police officer should have never pulled you over in the first place. The other way to keep your drivers license is if the police officer does not show up for your hearing. The police officer usually appears by telephone and will give their testimony of the events and any circumstances surronding the events. Make sure you make notes of what happened so that you can review these notes to help your memory. You DUI Attorney will be able to ask questions but sometimes the DLD will limit the questions asked. This is a great time to find out what the police officer knows and what they can remember. You can record the audio from these hearings and I would recommend that you do. Ultimately the DLD has the ability to suspend your license if they find that you were driving your vehicle in connection with alcohol or impaired driving. Remember, it is civil in nature and does not have an affect on your criminal case.
Utah Code:
(4) (a) When a peace officer gives notice on behalf of the division, the peace officer shall:
(i) take the Utah license certificate or permit, if any, of the driver;
(ii) issue a temporary license certificate effective for only 29 days from the date of arrest; and
(iii) supply to the driver, in a manner specified by the division, basic information regarding how to obtain a prompt hearing before the division.
(b) A citation issued by a peace officer may, if provided in a manner specified by the division, also serve as the temporary license certificate.
(5) As a matter of procedure, a peace officer shall send to the division within 10 calendar days after the day on which notice is provided:
(a) the person’s license certificate;
(b) a copy of the citation issued for the offense;
(c) a signed report in a manner specified by the division indicating the chemical test results, if any; and
(d) any other basis for the peace officer’s determination that the person has violated Section 41-6a-502 or 41-6a-517.
(6) (a) Upon request in a manner specified by the division, the division shall grant to the person an opportunity to be heard within 29 days after the date of arrest. The request to be heard shall be made within 10 calendar days of the day on which notice is provided under Subsection (5).
(b) (i) Except as provided in Subsection (6)(b)(ii), a hearing, if held, shall be before the division in:
(A) the county in which the arrest occurred; or
(B) a county that is adjacent to the county in which the arrest occurred.
(ii) The division may hold a hearing in some other county if the division and the person both agree.
(c) The hearing shall be documented and shall cover the issues of:
(i) whether a peace officer had reasonable grounds to believe the person was driving a motor vehicle in violation of Section 41-6a-502 or 41-6a-517;
(ii) whether the person refused to submit to the test; and
(iii) the test results, if any.
(d) (i) In connection with a hearing the division or its authorized agent:
(A) may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books and papers; or
(B) may issue subpoenas for the attendance of necessary peace officers.
(ii) The division shall pay witness fees and mileage from the Transportation Fund in accordance with the rates established in Section 78B-1-119.
(e) The division may designate one or more employees to conduct the hearing.
(f) Any decision made after a hearing before any designated employee is as valid as if made by the division.
(7) (a) If, after a hearing, the division determines that a peace officer had reasonable grounds to believe that the person was driving a motor vehicle in violation of Section 41-6a-502 or 41-6a-517, if the person failed to appear before the division as required in the notice, or if a hearing is not requested under this section, the division shall:
(i) if the person is 21 years of age or older at the time of arrest and the arrest was made on or after July 1, 2009, suspend the person’s license or permit to operate a motor vehicle for a period of:
(A) 120 days beginning on the 30th day after the date of arrest for a first suspension; or
(B) two years beginning on the 30th day after the date of arrest for a second or subsequent suspension for an offense that occurred within the previous 10 years;
(ii) if the person is 19 years of age or older but under 21 years of age at the time of arrest and the arrest was made on or after July 1, 2009:
(A) suspend the person’s license or permit to operate a motor vehicle:
(I) for a period of six months, beginning on the 30th day after the date of arrest for a first suspension; or
(II) until the person is 21 years of age or for a period of two years, whichever is longer, beginning on the 30th day after the date of arrest for a second or subsequent suspension for an offense that occurred within the previous 10 years; or
(B) deny the person’s application for a license or learner’s permit:
(I) for a period of six months for a first suspension, if the person has not been issued an operator license; or
(II) until the person is 21 years of age or for a period of two years, whichever is longer, beginning on the 30th day after the date of arrest for a second or subsequent suspension for an offense that occurred within the previous 10 years; or
(iii) if the person is under 19 years of age at the time of arrest and the arrest was made on or after July 1, 2009:
(A) suspend the person’s license or permit to operate a motor vehicle:
(I) for a period of two years beginning on the 30th day after the date of arrest for a first suspension; or
(II) until the person is 21 years of age or for a period of two years, whichever is longer, beginning on the 30th day after the date of arrest for a second or subsequent suspension for an offense that occurred within the previous 10 years; or
(B) deny the person’s application for a license or learner’s permit:
(I) for a period of two years for a first suspension, if the person has not been issued an operator license; or
(II) until the person is 21 years of age or for a period of two years, whichever is longer, beginning on the 30th day after the date of arrest for a second or subsequent suspension for an offense that occurred within the previous 10 years.
(b) The division shall deny or suspend a person’s license for the denial and suspension periods in effect:
(i) prior to July 1, 2009, for an offense that was committed prior to July 1, 2009; or
(ii) from July 1, 2009, through June 30, 2011, if:
(A) the person was 20 years 6 months of age or older but under 21 years of age at the time of arrest; and
(B) the conviction under Subsection (2) is for an offense that was committed on or after July 1, 2009, and prior to July 1, 2011.
(c) (i) Notwithstanding the provisions in Subsection (7)(a)(i)(A), the division shall reinstate a person’s license prior to completion of the 120 day suspension period imposed under Subsection (7)(a)(i)(A):
(A) immediately upon receiving written verification of the person’s dismissal of a charge for a violation of Section 41-6a-502 or 41-6a-517, if the written verification is received prior to completion of the suspension period; or
(B) no sooner than 60 days beginning on the 30th day after the date of arrest upon receiving written verification of the person’s reduction of a charge for a violation of Section 41-6a-502 or 41-6a-517, if the written verification is received prior to completion of the suspension period.
(ii) Notwithstanding the provisions in Subsection (7)(a)(i)(A) or (7)(b), the division shall reinstate a person’s license prior to completion of the 120-day suspension period imposed under Subsection (7)(a)(i)(A) immediately upon receiving written verification of the person’s conviction of impaired driving under Section 41-6a-502.5 if:
(A) the written verification is received prior to completion of the suspension period; and
(B) the reporting court notifies the Driver License Division that the defendant is participating in or has successfully completed the program of a driving under the influence court as defined in Section 41-6a-501.
(iii) If a person’s license is reinstated under this Subsection (7)(c), the person is required to pay the license reinstatement fees under Subsections 53-3-105(23) and (24).
(iv) The driver license reinstatements authorized under this Subsection (7)(c) only apply to a 120 day suspension period imposed under Subsection (7)(a)(i)(A).
(8) (a) The division shall assess against a person, in addition to any fee imposed under Subsection 53-3-205(12) for driving under the influence, a fee under Section 53-3-105 to cover administrative costs, which shall be paid before the person’s driving privilege is reinstated. This fee shall be cancelled if the person obtains an unappealed division hearing or court decision that the suspension was not proper.
Brian Arnold is an attorney that practices law at Arnold, Wadsworth & Coggins in Salt Lake City, Utah. (801) 475-0123
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