Smaller justice courts in Utah can be the wild west and a little different than urban courts. Good or bad, they are likely going to be different than your Provo City, or Orem City Justice Courts.
Here is how to stay a Utah Justice Court jail sentence for a DUI or reckless driving. Another rule and blog post applies to staying non-DUI/reckless driving sentences.
FACTS: You are convicted by plea bargain, judge or jury of DUI or reckless driving. The judge sentences you to 30 days in jail.
UTAH R. CRIM. P. 27B. The Controlling Court Rule.
The controlling Utah Rule of Criminal Procedure for staying jail sentences for DUI and reckless driving is Utah Rule of Criminal Procedure 27B. The key distinction is whether the justice court jail sentence is under or over 28 days.
Jail Sentences Under 28 Days. For Utah Justice Court jail sentences for DUI or Reckless Driving under 28 days, you simple file a Notice of Trial De Novo or Hearing De Novo Appeal. The sentencing justice court judge must release the defendant unless:
(1). at the time of sentencing, the court makes a finding that the defendant poses an identifiable risk to the safety of another individual, property, or the community and that the period of incarceration, and no less restrictive reasonably available alternative, is necessary to reduce or eliminate that risk; or
(2). it enters a written finding that the appeal does not appear to have a legal basis. 
Appeal of Denial of Stay to District Court. If the judge denies your motion to stay the under 28 day jail sentence, you can appeal that to the district court.
Jail Sentences Over 28 Days. Any jail sentence for a DUI or reckless driving over 28 days you must file a motion to stay the justice court case and address the following issues: (1). indicating the legal basis for the appeal and, (2) that the appeal is not being taken for purposes of delay, (3). the memorandum shall also address why the defendant is not a flight risk; and (4). why the defendant does not pose a danger to any other person, property, or the community.
Rule 27B dictates that a court hearing in the justice court shall be heard within 14 days of the briefing being complete.
Appeal of Denial of Stay to District Court. If the judge denies your motion to stay the over 28 days jail sentence, you can appeal that to the district court.
The district court shall use the same evidentiary burdens used by the justice court in determining if the jail sentence should be stayed.
