UPDATED! Will Simple Marijuana Possession While Driving in Utah Suspend my Driver’s License? YES. 6 Months.

SIMPLE DRUG POSSESSION WILL SUSPEND YOUR LICENSE

Any drug conviction in Utah committed while driving will suspend your license for 6 months.   The sentencing court has limited to no  discretion to not suspend your license or to shorten the suspension period.   There are no limited licenses available where you license is suspended due to drug convictions.

Any conviction under the following Utah drug statutes while driving will suspend your license for 6 months:

(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

What is the Utah State Statute that States my License Will be Suspended for Simple Drug Use or Possession?

                Utah Code 53-3-219/220/221 is Utah’s primary statute that lists what will suspend their Utah driving license.

How does it Work?

                You enter a qualifying drug conviction and the Utah justice or district court clerk will abstract your conviction to the driver’s license division for processing.  Within 30 day usually you will receive a letter at your listed address with the Utah Driver’s License Division (“DLD”) indicating your 6 months suspension.

Can Anything Be Done to Avoid a Utah Simple Drug Conviction from Suspending your License?

                Any straight conviction will suspend your Utah driver’s license.  But you can take the following steps to avoid it:

(A).        Take the charge as a plea in abeyance.  Pleas in abeyances are not abstracted as conviction and the Utah DLD will not suspend.

(B).         Take the charge as a diversion agreement.  Diversion agreement reach the same results as a plea in abeyance, but guilty pleas are never entered.  Diversion agreements will not suspend your license.  Diversion agreements are much more rare than pleas in abeyance.

(C).         Plea bargain around the simple possession charge so that it is dismissed, but you enter pleas to other charges that will not suspend you license.

(D).        Prove your innocence at a jury trial.

(E).         Legal fiction.  At sentencing you get an agreement with the prosecutor that this drug incident didn’t involve a car.

CALL ATTORNEY Jake Gunter for a free consultation. (801) 373-6345.  Let’ his nearly 20 years’ experience work for you.

UPDATE:   SEE THIS PAGE ON THE NEW LAW WHERE YOU CAN KEEP YOU LICENSE AFTER A DRUG CONVICTON