In addition to receiving fines, jail time, community service, and other penalties, Utah drivers who are arrested for DUI or Driving Under the Influence will also temporarily lose their driver’s license. While this may be acceptable for city residents with great access to public transportation, a license suspension can be absolutely disastrous for people who live in rural and suburban areas of Utah, especially those who rely on their cars to commute to work, get to school, or bring their children to daycare. In this blog post, Park City DUI Defense Lawyer Darwin Overson will explain how to restore your suspended Utah driver’s license after being charged with drunk driving.
DUI isn’t the only issue which can result in the temporary loss of your driving privileges. Utah driver’s licenses can be suspended for any number of reasons, including but not limited to driving while texting, failure to pay child support, and accumulating too many points on your license due to minor traffic violations. While this post is geared toward DUI cases, you may find it useful even if your license was suspended for other reasons.
For a free, confidential case review, call our Utah DUI lawyers at Overson & Bugden at (801) 758-2287.
How Long Does Utah’s DUI License Suspension Last?
The answer to this question really depends on the nature of the underlying offense. Factors like your total number of intoxicated driving offenses, whether you refused a breathalyzer test, and your age at the time of the incident can all impact the length of your license suspension.
For example, minor drivers whose cases involved underage drinking are subject to Utah’s zero tolerance “Not a Drop” law, which prohibits minors from driving with any trace of alcohol in their system — even with a BAC well under 0.08%, the normal threshold for making DUI arrests. On a similar note, the threshold is also lower for commercial drivers, such as professional truckers: just 0.04%, or half the standard level.
License Suspensions for Drivers 21 and Older
According to Utah Code § 41-6a-509(1)(a), suspension periods by number of offense are as follows:
For a driver’s first DUI offense, their license may be suspended for 120 days. Remember, this is a license suspension, not a revocation. When a suspension period is over, the driver’s license may be reinstated. If you have a second or third DUI, you might have your license revoked instead.
A license revocation is like a suspension because you cannot driver while the revocation is in place. However, unlike a suspension, a revocation is permanent. Once the revocation period ends, drivers may not automatically reinstate their licenses. Instead, they must apply for a new license, and they may be denied in some cases. If you are convicted of a subsequent DUI offense, and you have a prior DUI from within the past 10 years, your license may be revoked for 2 years. For example, a second or third DUI within a 10-year period might cause your license to be revoked, and you will be unable to apply for a new one for 2 years.
License Suspensions for Drivers Under 21
If you were a minor, meaning you were under 21, your suspension period is based on (1) your specific age, and (2) whether the arrest was made on a “Not a Drop” basis (i.e. zero tolerance), or a standard or “Per Se” basis (i.e. BAC of 0.08% or higher). Remember, drivers younger than 21 may not legally consume alcohol even when not driving, so the penalties for underage DUIs tend to be very strict.
If you are younger than 19 when you are convicted of a DUI in Utah, and you are arrested for a per se DUI, you may lose your license for 2 years. If you are arrested under the Not a Drop law mentioned before, you may lose your license for 1 year.
Those aged 19 to 20 may also lose their license. However, since they are somewhat older and closer to 21, the penalties tend to be a bit less strict. For a per se DUI, you may lose your license for 6 months. If you are arrested under the Not a Drop law, you also lose your license for 6 months. While this is a much shorter suspension period, it is still a long time to be without a license. All drivers, including young ones, need a license to get to school, work, and other important places. Talk to an attorney if you believe your license is in jeopardy.
Requesting a Revocation Hearing About Your License After a DUI in Utah
Be forewarned that your license will be automatically suspended unless you take measures to intervene.
Your first step is to request the hearing. You must do this within 10 days of being arrested — including weekends, holidays, and so forth — or your legal recourse will be severely limited. While not impossible, it is extremely difficult to successfully obtain a hearing if you miss the 10-day deadline. Making sure you meet the deadline will keep the legal process that much smoother, faster, and more efficient for you.
To request a hearing, fill out the Hearing Request Form supplied by the Utah Department of Public Safety (Driver License Division). This is a short, one-page form which asks for simple information like your license number, your SSN, the county where you were arrested, and the name of your criminal defense attorney. When you finish, fax the completed form to the Driver License Division at (801) 964-4499.
At the hearing, an Administrative Law Judge or “ALJ” will hear your case and determine whether a license suspension would be appropriate, which only underscores the importance of having aggressive legal representation. Other people who may be present at the hearing include your Salt Lake City DLD hearing lawyer, and your arresting officer (though he or she may be “present” via phone).
Keep in mind that the hearing is a civil matter, and is completely separate from the criminal component of your case. If you are later found not guilty, or the criminal drunk driving charges are dismissed, your license can be restored right away.
Even if the judge denies your request to restore your license, you may still be eligible for an alternate, restricted license called a “limited license.” While a limited license doesn’t offer as much freedom as a normal license, it will allow you to drive to and from work so that you can keep your job and avoid facing financial hardships.
Steps to Restoring Your Driving Privileges After a DUI in Utah
If your license is suspended, reinstating it may not happen automatically. Once all the necessary criteria to reinstate your license are satisfied, you still must pay certain reinstatement fees and meet with the Driver’s License Division. In some cases, defendants convicted of DUIs may be eligible for an early reinstatement, and your attorney can help you.
Reinstating Your License
In many cases, defendants may be eligible to reinstate their driver’s license after a DUI only if they have satisfied all the sentencing requirements imposed by the court. Not only does this include serving the entire suspension period, but it may include alcohol counseling, legal fees, and more. If you are unsure whether you have satisfied all these requirements, talk to your attorney.
First, how long is your suspension period? You must serve the entire license suspension period. For example, if your license was suspended for 6 months, you must wait at least that long before you become eligible for reinstatement. If the court imposed other requirements, they must also be completed. Were you required to go to drug and alcohol counseling? Maybe you were ordered to perform community service. Double check the requirement imposed by the court to make sure you have done everything asked of you.
Finally, our Utah DUI lawyers must consider your court imposed fees. The court might impose certain fines or fees, such as the cost of installing an ignition interlock device or certain administrative fees. Even if all other requirements have been fulfilled but you still owe money to the court, you cannot have your license reinstated.
Early Reinstatement for a Suspension
You can reinstate your license early, but only under very specific conditions that you should review with a lawyer.
According to the Utah Department of Public Safety, drivers may apply for early reinstatement of their licenses for a DUI by petitioning the Driver’s License Division to become an ignition interlock restricted driver. In some cases, defendants can avoid a license suspension if they agree to install an ignition interlock device. However, not all drivers enjoy this option, at least not at first, and you may ask the Division for such an opportunity.
At the hearing, a hearing officer will review the record of your case to determine if your license can be reinstated. According to Utah Code § 53-3-223(10), eligible drivers typically have valid driving privileges other than the DUI suspension. If you are dealing with a second or subsequent DUI, it must be graded as a misdemeanor.
If you are approved, you must pay to install the ignition interlock device in your vehicle, which the Driver’s License Division must verify. You must also pay reinstatement fees. For a first offense, you must have the ignition interlock device installed for 120 days beginning from the effective date of the suspension. For a second offense, you must have it installed for 2 years. You may continue to drive, but your car will only start if you use the ignition interlock device.
You may not be eligible for early reinstatement for a DUI suspended license if your license is suspended for any other reason. For subsequent offenses, you may be disqualified if you were not suspended for at least 90 days of the original 2-year suspension period.
Early Reinstatement for a Revocation
If you were arrested for a DUI, your license may not necessarily be suspended if it was your first offense. However, your license will be revoked if you refused to submit to required chemical testing. Remember, a revocation is not a suspension, as the revocation is essentially permanent. Once the revocation period is over, you may reapply for a new license, not reinstate an existing license. Furthermore, your application for a new license could be denied. However, you may get your license back early under the right conditions.
Getting your license back early happens in much the same way as discussed earlier. You must petition for a hearing and the record of your case will be reviewed. If approved, you must install an ignition interlock device in your vehicle and pay any required fees.
The difference is that your license will not be reinstated. Instead, you must apply for a new license, which includes completing required testing. A knowledge test and a driving skills test may be required. When everything is said and done, you must keep the ignition interlock device in your car for 3 years.
Contact Our Salt Lake City License Suspension Defense Lawyer Today
Our experienced intoxicated driving attorneys of Overson & Bugden can fight your charges and help get your driving privileges restored. To set up a private and completely free case evaluation, call our Salt Lake City criminal defense lawyer offices at (801) 758-2287.
