Utah DUI Drivers License Attorney

Salt Lake City DUI Defense Lawyer

Utah DUI Case Law

A charge of driving under the influence is a violation of both the criminal code (handled by the court) and the civil administrative code (handled by the Driver License Division). In order to keep your driving privilege, you must prevail both before the court and the Driver License Division separately. The Driver License Division will grant you an opportunity for a civil administrative hearing, upon receiving a written request within 10 calendar days of notice of arrest. Failure to properly request a hearing or to appear for a hearing, may result in loss of driving privilege. Please call us immediately for a free consultation about preserving your ability to drive.

Driver License Administrative Proceeding

In Utah, the Motor Vehicle Code provides under what circumstances a driving privilege would be suspended. Utah Code Ann. § 53-3-220 (Supp. 2010) reads:

53-3-220. Offenses requiring mandatory revocation, denial, suspension, or disqualification of license – Offense requiring an extension of period – Hearing – Limited driving privileges.

• (1) (a) The division shall immediately revoke or, when this chapter or Title 41, Chapter 6a, Traffic Code, specifically provides for denial, suspension, or disqualification, the division shall deny, suspend, or disqualify the license of a person upon receiving a record of the person’s conviction for:
• (i) manslaughter or negligent homicide resulting from driving a motor vehicle, or automobile homicide under Section 76-5-207 or 76-5-207.5;
• (ii) driving or being in actual physical control of a motor vehicle while under the influence of alcohol, any drug, or combination of them to a degree that renders the person incapable of safely driving a motor vehicle as prohibited in Section 41-6a-502 or as prohibited in an ordinance that complies with the requirements of Subsection 41-6a-510(1);
• (iii) driving or being in actual physical control of a motor vehicle while having a blood or breath alcohol content as prohibited in Section 41-6a-502 or as prohibited in an ordinance that complies with the requirements of Subsection 41-6a-510(1);
• (iv) perjury or the making of a false affidavit to the division under this chapter, Title 41, Motor Vehicles, or any other law of this state requiring the registration of motor vehicles or regulating driving on highways;
• (v) any felony under the motor vehicle laws of this state;
• (vi) any other felony in which a motor vehicle is used to facilitate the offense;
• (vii) failure to stop and render aid as required under the laws of this state if a motor vehicle accident results in the death or personal injury of another;
• (viii) two charges of reckless driving, impaired driving, or any combination of reckless driving and impaired driving committed within a period of 12 months; but if upon a first conviction of reckless driving or impaired driving the judge or justice recommends suspension of the convicted person’s license, the division may after a hearing suspend the license for a period of three months;
• (ix) failure to bring a motor vehicle to a stop at the command of a peace officer as required in Section 41-6a-210;
• (x) any offense specified in Part 4, Uniform Commercial Driver License Act, that requires disqualification;
• (xi) a felony violation of Section 76-10-508 or 76-10-508.1 involving discharging or allowing the discharge of a firearm from a vehicle;
• (xii) using, allowing the use of, or causing to be used any explosive, chemical, or incendiary device from a vehicle in violation of Subsection 76-10-306(4)(b);
• (xiii) operating or being in actual physical control of a motor vehicle while having any measurable controlled substance or metabolite of a controlled substance in the person’s body in violation of Section 41-6a-517;
• (xiv) until July 30, 2015, operating or being in actual physical control of a motor vehicle while having any alcohol in the person’s body in violation of Section 53-3-232;
• (xv) operating or being in actual physical control of a motor vehicle while having any measurable or detectable amount of alcohol in the person’s body in violation of Section 41-6a-530;
• (xvi) engaging in a motor vehicle speed contest or exhibition of speed on a highway in violation of Section 41-6a-606; or
• (xvii) operating or being in actual physical control of a motor vehicle in this state without an ignition interlock system in violation of Section 41-6a-518.2.
• (b) The division shall immediately revoke the license of a person upon receiving a record of an adjudication under Title 78A, Chapter 6, Juvenile Court Act of 1996, for:
• (i) a felony violation of Section 76-10-508 or 76-10-508.1 involving discharging or allowing the discharge of a firearm from a vehicle; or
• (ii) using, allowing the use of, or causing to be used any explosive, chemical, or incendiary device from a vehicle in violation of Subsection 76-10-306(4)(b).
• (c) Except when action is taken under Section 53-3-219 for the same offense, the division shall immediately suspend for six months the license of a person upon receiving a record of conviction for:
• (i) any violation of:
• (A) Title 58, Chapter 37, Utah Controlled Substances Act;
• (B) Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
• (C) Title 58, Chapter 37b, Imitation Controlled Substances Act;
• (D) Title 58, Chapter 37c, Utah Controlled Substance Precursor Act; or
• (E) Title 58, Chapter 37d, Clandestine Drug Lab Act; or
• (ii) any criminal offense that prohibits:
• (A) possession, distribution, manufacture, cultivation, sale, or transfer of any substance that is prohibited under the acts described in Subsection (1)(c)(i); or
• (B) the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer any substance that is prohibited under the acts described in Subsection (1)(c)(i).
• (d) (i) The division shall immediately suspend a person’s driver license for conviction of the offense of theft of motor vehicle fuel under Section 76-6-404.7 if the division receives:
• (A) an order from the sentencing court requiring that the person’s driver license be suspended; and
• (B) a record of the conviction.
• (ii) An order of suspension under this section is at the discretion of the sentencing court, and may not be for more than 90 days for each offense.
• (e) (i) The division shall immediately suspend for one year the license of a person upon receiving a record of:
• (A) conviction for the first time for a violation under Section 32A-12-223; or
• (B) an adjudication under Title 78A, Chapter 6, Juvenile Court Act of 1996, for a violation under Section 32A-12-223.
• (ii) The division shall immediately suspend for a period of two years the license of a person upon receiving a record of:
• (A) (I) conviction for a second or subsequent violation under Section 32A-12-223; and
• (II) the violation described in Subsection (1)(e)(ii)(A)(I) is within 10 years of a prior conviction for a violation under Section 32A-12-223; or
• (B) (I) a second or subsequent adjudication under Title 78A, Chapter 6, Juvenile Court Act of 1996, for a violation under Section 32A-12-223; and
• (II) the adjudication described in Subsection (1)(e)(ii)(B)(I) is within 10 years of a prior adjudication under Title 78A, Chapter 6, Juvenile Court Act of 1996, for a violation under Section 32A-12-223.
• (iii) Upon receipt of a record under Subsection (1)(e)(i) or (ii), the division shall:
• (A) for a conviction or adjudication described in Subsection (1)(e)(i):
• (I) impose a suspension for one year beginning on the date of conviction; or
• (II) if the person is under the age of eligibility for a driver license, impose a suspension that begins on the date of conviction and continues for one year beginning on the date of eligibility for a driver license; or
• (B) for a conviction or adjudication described in Subsection (1)(e)(ii):
• (I) impose a suspension for a period of two years; or
• (II) if the person is under the age of eligibility for a driver license, impose a suspension that begins on the date of conviction and continues for two years beginning on the date of eligibility for a driver license.
• (2) The division shall extend the period of the first denial, suspension, revocation, or disqualification for an additional like period, to a maximum of one year for each subsequent occurrence, upon receiving:
• (a) a record of the conviction of any person on a charge of driving a motor vehicle while the person’s license is denied, suspended, revoked, or disqualified;
• (b) a record of a conviction of the person for any violation of the motor vehicle law in which the person was involved as a driver;
• (c) a report of an arrest of the person for any violation of the motor vehicle law in which the person was involved as a driver; or
• (d) a report of an accident in which the person was involved as a driver.
• (3) When the division receives a report under Subsection (2)(c) or (d) that a person is driving while the person’s license is denied, suspended, disqualified, or revoked, the person is entitled to a hearing regarding the extension of the time of denial, suspension, disqualification, or revocation originally imposed under Section 53-3-221.
• (4) (a) The division may extend to a person the limited privilege of driving a motor vehicle to and from the person’s place of employment or within other specified limits on recommendation of the judge in any case where a person is convicted of any of the offenses referred to in Subsections (1) and (2) except:
• (i) automobile homicide under Subsection (1)(a)(i);
• (ii) those offenses referred to in Subsections (1)(a)(ii), (a)(iii), (a)(xi), (a)(xii), (a)(xiii), (1)(b), and (1)(c); and
• (iii) those offenses referred to in Subsection (2) when the original denial, suspension, revocation, or disqualification was imposed because of a violation of Section 41-6a-502, 41-6a-517, a local ordinance which complies with the requirements of Subsection 41-6a-510(1), Section 41-6a-520, or Section 76-5-207, or a criminal prohibition that the person was charged with violating as a result of a plea bargain after having been originally charged with violating one or more of these sections or ordinances, unless:
• (A) the person has had the period of the first denial, suspension, revocation, or disqualification extended for a period of at least three years;
• (B) the division receives written verification from the person’s primary care physician that:
• (I) to the physician’s knowledge the person has not used any narcotic drug or other controlled substance except as prescribed by a licensed medical practitioner within the last three years; and
 
• (II) the physician is not aware of any physical, emotional, or mental impairment that would affect the person’s ability to operate a motor vehicle safely; and
• (C) for a period of one year prior to the date of the request for a limited driving privilege:
• (I) the person has not been convicted of a violation of any motor vehicle law in which the person was involved as the operator of the vehicle;
• (II) the division has not received a report of an arrest for a violation of any motor vehicle law in which the person was involved as the operator of the vehicle; and
• (III) the division has not received a report of an accident in which the person was involved as an operator of a vehicle.
• (b) (i) Except as provided in Subsection (4)(b)(ii), the discretionary privilege authorized in this Subsection (4):
• (A) is limited to when undue hardship would result from a failure to grant the privilege; and
• (B) may be granted only once to any person during any single period of denial, suspension, revocation, or disqualification, or extension of that denial, suspension, revocation, or disqualification.
• (ii) The discretionary privilege authorized in Subsection (4)(a)(iii):
• (A) is limited to when the limited privilege is necessary for the person to commute to school or work; and
• (B) may be granted only once to any person during any single period of denial, suspension, revocation, or disqualification, or extension of that denial, suspension, revocation, or disqualification.
• (c) A limited CDL may not be granted to a person disqualified under Part 4, Uniform Commercial Driver License Act, or whose license has been revoked, suspended, cancelled, or denied under this chapter.

Specific to an incident of Driving Under the Influence, the State of Utah has set forth the following procedures.

53-3-223.   Chemical test for driving under the influence – Temporary license – Hearing and decision – Suspension and fee – Judicial review.

• (1) (a) If a peace officer has reasonable grounds to believe that a person may be violating or has violated Section 41-6a-502, prohibiting the operation of a vehicle with a certain blood or breath alcohol concentration and driving under the influence of any drug, alcohol, or combination of a drug and alcohol or while having any measurable controlled substance or metabolite of a controlled substance in the person’s body in violation of Section 41-6a-517, the peace officer may, in connection with arresting the person, request that the person submit to a chemical test or tests to be administered in compliance with the standards under Section 41-6a-520.
• (b) In this section, a reference to Section 41-6a-502 includes any similar local ordinance adopted in compliance with Subsection 41-6a-510(1).
• (2) The peace officer shall advise a person prior to the person’s submission to a chemical test that a test result indicating a violation of Section 41-6a-502 or 41-6a-517 shall, and the existence of a blood alcohol content sufficient to render the person incapable of safely driving a motor vehicle may, result in suspension or revocation of the person’s license to drive a motor vehicle.
• (3) If the person submits to a chemical test and the test results indicate a blood or breath alcohol content in violation of Section 41-6a-502 or 41-6a-517, or if a peace officer makes a determination, based on reasonable grounds, that the person is otherwise in violation of Section 41-6a-502, a peace officer shall, on behalf of the division and within 24 hours of arrest, give notice of the division’s intention to suspend the person’s license to drive a motor vehicle.
• (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; or
• (ii) if the person is 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) until the person is 21 years of age or for a period of 120 days, whichever is longer, 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) until the person is 21 years of age or for a period of 120 days, whichever is longer, 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 prior to July 1, 2009, for an offense that was committed prior to July 1, 2009.
• (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) or (7)(b)(i), the division shall reinstate a person’s license prior to completion of the 90-day suspension period imposed under Subsection (7)(a)(i) 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.
• (b) A person whose license has been suspended by the division under this section following an administrative hearing may file a petition within 30 days after the suspension for a hearing on the matter which, if held, is governed by Section 53-3-224.

The whole process is commenced from the Officer issuing the driver a DUI Citation. The information relating to the Driver License Division Administrative Proceedings is printed at the bottom half of the citation below where it reads "Read Carefully". The lowest paragraph is the driver’s only notice he will receive concerning his chance for a hearing. The notice states:

RIGHT TO HEARING: A charge of driving under the influence is a violation of both the criminal code (handled by the court) and the civil administrative code (handled by the Driver License Division). In order to keep your driving privilege, you must prevail both before the court and the Driver License Division separately. The Driver License Division will grant you an opportunity for a civil administrative hearing, upon receiving a written request within 10 calendar days of notice of arrest. (A proper hearing request must include the driver’s full name, date of birth, date of arrest, and Utah license number if applicable.) Send request to: Driver License Division, PO Box 30560, Salt Lake City, Utah 84130-0560 (attn. DUI Section). Failure to properly request a hearing or to appear for a hearing, may result in loss of driving privilege. A criminal conviction of DUI (from court) or an adverse administrative determination (from Driver License Division) will result in loss of driving privilege.

This is where most people, drivers and brand-new attorneys both can mess up. If the Client needs to drive for work, missing this deadline is seemingly irreversible. If the request is not submitted timely, within 10 calendars from the day of arrest, the Client is certain to lose the driving privilege. It has always bothered me that if you do not request a hearing, you lose the right to drive.

I would feel better about the law if the state still held a hearing. After all, since when can we just presume a person was guilty? I think losing by forfeit is a terrible thing. The State should at least have to show the hearing officer what evidence they claim to have. The State argues that they don’t have to do this because the hearing is only "civil", but even in a civil proceedings, the Plaintiff must still lay out the elements of his claim in his complaint.