If you’ve just been arrested for DUI in Utah, you’re probably asking one question:
What happens next?
Here’s a clear, step-by-step breakdown of the Utah DUI process—from the moment of arrest through resolution of your case.
1. Getting Out of Jail (Bail)
In most Utah DUI cases—especially a first or second offense—you will be eligible for bail.
Utah law generally presumes bail is available. However, there are exceptions.
You may be held without bail if:
- You are already on probation or parole for a DUI
- You have a pending DUI case and are arrested again
Bottom line:
Most first-time DUI defendants bail out quickly, but repeat situations can complicate release.
2. The 10-Day Deadline (Critical)
After your arrest, you have 10 days to request a hearing with the Utah Driver License Division (DLD).
If you miss this deadline:
- Your license will likely be automatically suspended (typically 120 days on a first offense)
What the DLD Hearing Is (and Isn’t)
This hearing is not your criminal case.
It only decides:
- Were you driving under the influence?
- Did you refuse chemical testing?
That’s it.
Why it still matters:
Most hearings are lost—but they are still valuable:
- They provide early discovery
- Occasionally, the officer fails to appear
3. Your Car Was Towed
If you were arrested, your vehicle was almost certainly impounded.
You need to act quickly:
- Storage fees accumulate daily
- Vehicles may be auctioned after ~30 days
4. Hire a DUI Attorney Early
Timing matters.
An experienced DUI attorney can:
- File your DLD hearing request
- Address bail issues
- Start gathering discovery immediately
- Set and manage your court dates
Utah DUI cases are highly procedural. Early mistakes can cost you leverage later.
5. First Court Hearing (Arraignment)
Your first appearance is usually scheduled within 30–60 days.
In reality, arraignments are often:
- Very brief
- Procedural
- Sometimes converted into a pretrial conference
At this stage, two things happen:
- You enter a plea (typically not guilty)
- The case begins moving toward discovery and negotiation
6. Discovery Phase
This is where the real case begins.
Typical DUI discovery includes:
- Body cam footage
- Dash cam footage
- Police reports
- 911 calls (if applicable)
- Toxicology or breath test results
- Photos and crash evidence
This process can take 30–45 days or more, depending on the court.
7. Pretrial Conferences (Negotiation Phase)
Most DUI cases are resolved here—not at trial.
During this phase:
- Evidence is reviewed
- Legal issues are evaluated
- Negotiations take place
You may attend multiple pretrial hearings.
Timeline:
This phase can last months, not weeks.
8. Motion Practice
Once discovery is complete, your attorney may file motions such as:
Common motions:
- Motion to suppress (illegal stop, improper testing, etc.)
- Motion to dismiss (lack of probable cause)
Reality:
- Most motions are denied
- But strong motions often trigger dismissal or better offers
Many DUI cases are resolved at this stage—not trial.
9. Trial (Rare, But Critical)
You have the right to:
- A jury trial
- A bench trial (judge only, if both sides agree)
Very few DUI cases go to trial—but when they do, the outcome is often decisive.
10. Plea or Resolution
If a resolution is reached, you’ll enter a plea.
Sentencing is governed largely by Utah statute, including mandatory minimums.
Even a first DUI conviction typically involves:
- Mandatory jail (or equivalent service)
- Fines and surcharges
- Probation
- Treatment or education requirements
11. Sentencing
Sentencing can happen:
- Immediately after a plea
- At a later scheduled hearing
DUI sentencing in Utah is highly structured by statute, with minimum penalties that judges must impose in most cases.
12. Appeal (Justice Court Cases)
If your case is in Justice Court, you have the right to a de novo appeal to District Court.
This means:
- The case starts over completely
- You get a second opportunity to litigate everything
Final Takeaways
A Utah DUI case is not a single event—it’s a process with multiple pressure points:
- The 10-day DLD deadline is critical
- The discovery phase drives strategy
- Most cases resolve in pretrial, not trial
- Early decisions can significantly affect the outcome
Bottom line:
If you understand the sequence, you gain leverage.
Learn More About Criminal Defense Lawyer Jake Gunter
For additional insights on Criminal Defense Law and to get to know Jake Gunter better, check out these helpful videos:
- Meet Jake Gunter – Learn more about Jake Gunter's background, experience, and dedication to helping clients throughout Utah.
- How to Choose a Utah Personal Injury Attorney – This video offers guidance on selecting the right personal injury attorney to ensure you receive effective representation.
- What Jake Gunter Does and Who He Represents – Discover the types of cases Jake Gunter handles and how he advocates for the rights of injured individuals statewide.
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.