Understanding the Utah DUI Process
Important: Two Separate DUI Processes Criminal Court Case + Utah Driver License Division (DLD) Suspension
Criminal DUI Case
Handles your DUI charge, fines, jail, probation, alcohol education, evaluation, IID, and treatment.
DLD Administrative Suspension
Separate action handled by the Utah Driver License Division, which can suspend your license automatically, even if court has not convicted you yet.
Understanding the Utah DUI Process
FIRST DUI
SECOND DUI
What Happens After a DUI Arrest in Utah?
Immediate Actions (First 10 Days)
• You have 10 days to request a hearing with Utah DLD
• Your license may be confiscated and replaced with a temporary permit
• Contact a DUI attorney
• Gather evidence: witness statements, test info, timeline
• Do not talk about the case on social media
Utah DLD Administrative Process
The DLD may suspend your license for:
• .05+ BAC
• Drug impairment
• Test refusal
• Under 21 violations
Typical suspension lengths:
• 1st DUI: 120 days
• 2nd DUI: 2 years
• Under 21: 6 months – 2 years
• Refusal: 18 months
Note: Winning your DLD hearing does not dismiss your criminal case.
Criminal Court Process
Court penalties are separate and may include:
• Jail or community service
• Heavy fines and surcharges
• DUI treatment program
• Probation
• IID requirements
• License restrictions
• Additional suspensions after conviction
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DMV Hearing Deadline Support
We help you request your hearing before the 10-day deadline so you don’t lose your license automatically.
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🚨 URGENT: Only 10 Days to Act!
A DMV Administrative Per Se (APS) hearing is your opportunity to challenge the automatic license suspension that comes with a DUI arrest. This is separate from your criminal court case and focuses solely on whether your driving privileges should be suspended.
Online Request
Website: Create an account and submit your hearing request electronically with required documents.
Mail or Fax
Mail: DMV Driver Safety Office
Fax: Check your pink slip for local office fax number
Must be postmarked within 10 days
1. Hearing Scheduled
MVD schedules your hearing (usually 4-8 weeks out) and sends you notice with date, time, and location
2. Evidence Review
Hearing officer reviews police reports, BAC results, and arrest procedures for legal compliance
3. Your Defense
You (or your attorney) can present evidence, cross-examine witnesses, and challenge the arrest
4. Decision
Hearing officer decides to uphold or set aside the suspension. Decision mailed within 5 days
Improper Stop
Officer lacked reasonable suspicion to pull you over
Rising BAC
Your BAC was under 0.08% while driving but rose later
Testing Errors
Breathalyzer malfunction or improper calibration
Medical Conditions
Health issues that affected BAC test results
Procedural Violations
Police failed to follow proper arrest procedures
Chain of Custody
Problems with blood sample handling or storage
✅ Hearing Won (Set Aside)
✓ No license suspension
✓ Keep full driving privileges
✓ No SR-22 requirement from DMV
✓ Temporary license extended
❌ Hearing Lost (Sustained)
✓ License suspended as scheduled
✓ Must complete suspension period
✓ SR-22 required for reinstatement
✓ May be eligible for restricted license
📅 No Hearing Requested
✓ Automatic suspension (no appeal)
✓ Suspension starts 30 days after arrest
✓ No opportunity to challenge
✓ Must serve full suspension period
1. Legal Arrest
✓ Officer had reasonable suspicion to stop
✓ Probable cause for DUI arrest
✓ Proper arrest procedures followed
2. BAC Over Legal Limit
✓ BAC 0.08% or higher (0.04% CDL)
✓ Test taken within 3 hours of driving
✓ Proper testing procedures used
3. You Were Driving
✓ You were operating the vehicle
✓ On a public road or highway
✓ Officer witnessed or has evidence
4. Proper Advisement
✓ Informed of consequences of refusal
✓ Given choice of breath or blood test
✓ Proper admonishment given
