Millions of Americans rely on their driver’s license to legally drive to and from work, school, the grocery store, and other destinations. Losing it after a DUI arrest can be inconvenient at best, and life-changing at the worst.
The DUI Arrest
When you are stopped for a DUI in Utah, you will be facing both criminal charges and a driver’s license suspension. The police officer will confiscate your license and issue a citation that acts as a temporary driving permit for the next 29 days. You then have 10 days to request a hearing with the Driver’s License Division (DLD) of the Utah Department of Public Safety in your county. Failing to do so practically guarantees a minimum license suspension of 120 days.
The Hearing
This hearing, which is purely administrative in scope and heard by a DLD employee, allows you to present your case for keeping your license. The potential suspension period that you face is determined by factors like the following:
- Your age—those under 21 face a minimum suspension of 120 days
- The existence of any previous DUI convictions—a second conviction can prevent you from driving for two years!
- Actions you did or didn’t take at the time of arrest, such as refusing a sobriety test
Many people are represented by DUI attorneys who will challenge the evidence against the accused and seek to get any automatic suspension withdrawn. Should the DLD ultimately decide to revoke your license, you are legally allowed to appeal the decision to the District Court, where you will appear before a judge.
The Appeal
Unlike the DLD hearing, this appeal is a formal court proceeding and the rules of evidence apply. While driver’s license suspension hearings substantially (as opposed to completely) comply with your due process rights, license appeals are completely oriented around them. Hearsay is not admissible and all witnesses must appear in court and be subject to cross-examination, making it a good time to have a Utah DUI attorney advocate for you.
If you or someone you love is facing revocation of your Utah driver’s license, call Arnold, Wadsworth & Coggins today. We offer a complimentary consultation for DUI charges, and can both help you understand what to expect and fight for your right to keep your driver’s license, so that your personal and professional obligations are not impeded by your inability to drive.
