If you’ve been arrested for a DUI in Utah, it’s crucial to understand the two separate processes involved in your DUI Admin License Hearing. These processes are handled by different entities and can lead to different outcomes. Let’s break down the key points.
After your DUI arrest, the DUI Admin License Hearing process starts with the Utah Driver’s License Division (DLD). This action typically occurs immediately following a DUI arrest. The DLD will begin the process of suspending your driver’s license, but you have the opportunity to contest this suspension at the administrative hearing.
The second side of the DUI Admin License Hearing involves the court’s sentencing and probationary terms. Even if you successfully contest the administrative suspension, a conviction in court can still lead to a suspension through the court’s judgment.
Under Utah law, the DLD may withdraw your driving privileges 45 days after your DUI arrest (Utah Code 53-3-223(7)). Afterward, the DLD will send a suspension notice to the address they have on file. It’s critical to keep your address updated with the DLD to ensure you don’t miss this important notice.
The clock starts ticking as soon as law enforcement arrests you for a DUI. On your DUI citation, you’ll find instructions on your right to request a DUI Admin License Hearing with the DLD. You must request this hearing within 10 days, or the DLD will administratively suspend your license.
The DUI Admin License Hearing will address several important issues:
This hearing is crucial for determining whether the DLD will suspend your driver’s license based on the arrest.
At the DUI Admin License Hearing, law enforcement needs to meet a low standard of proof. They must show only that there were reasonable grounds to believe you were driving under the influence. The hearing is informal, and the Utah Rules of Evidence do not apply.
The participants in the hearing usually include:
Many people arrested for DUI misunderstand the low burden of proof in this hearing, which can lead to a suspension even if the evidence is not overwhelming.
Yes, you can appeal the result of hearing. If the DLD suspends your license, you can file a petition for judicial review in district court within 30 days. The court will review the case under a “substantial evidence” standard, which is still low but more stringent than the administrative hearing.
Here are the general license suspension terms for DUIs in Utah:
Refusing a chemical test can result in severe consequences, including a lengthy suspension of your driver’s license.
Currently, Utah does not offer a limited license for drivers convicted of DUI. According to Utah Code 53-3-220, DUI convictions are not eligible for a limited license to drive to work, school, or church. However, there is a small exception for drivers who lose their hearing and wish to apply for a limited license pending the outcome of their criminal case.
Requesting a hearing is important for two reasons:
If you’re facing a DUI Admin License Hearing or have already had your license suspended, DUI attorney Jake Gunter can help you navigate the process. With nearly 20 years of trial experience, Jake can guide you through the DLD hearing and represent you in court.
Call or text Jake Gunter at (801) 373-6345 for a free consultation today.
For additional insights on Criminal Defense Law and to get to know Jake Gunter better, check out these helpful videos:
These resources will provide you with valuable information as you consider your legal options. For any questions or to schedule a free consultation, feel free to reach out to us directly.
