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Being arrested for DUI can be overwhelming and scary. Many people have never been in trouble with the law before and immediately have questions.
Understanding the first steps can help you make informed decisions.
Two Tracks: Criminal Court and the Administrative License Hearing
Utah DUI cases involve two separate legal tracks. The most significant is the criminal court process, which includes potential trial, conviction, and sentencing. The most immediate is the administrative driver license hearing.
The court and administrative processes are separate but related, and each has its own rules, deadlines, and consequences.
Driver License Division (DLD) – Administrative Hearings in Davis County
Where and when? The Farmington office of the Driver License Division typically handles all DUI license hearings for incidents occurring in Davis County. But the hearings are often handled telephonically.
Will I lose my driver license after being charged with DUI?
It is possible your license will be suspended, but not necessarily immediately or permanently.
In Utah, a DUI arrest can trigger both a criminal court case and an administrative driver’s license action.
It is likely that upon receiving a citation for DUI, the paperwork will contain information on requesting a hearing with the Driver’s License Division. You should follow these steps and put in the hearing request within 10 days of receiving the citation.
Depending on the circumstances of your arrest, your driving privileges may be suspended. The length of the suspension can vary based on factors such as:
- Whether this is your first DUI offense
- Your age
- Your blood alcohol concentration (BAC)
- Whether you refused a chemical test
- Whether anyone was injured
In some situations, drivers may be eligible for license reinstatement after a certain period.
Strict deadlines often apply, so it is important to understand your options as soon as possible after your arrest.
Is DUI in Utah a Felony or a Misdemeanor?
Most first offense DUI charges in Utah are classified as misdemeanors.
However, a DUI can become a felony under certain circumstances such as:
- You have prior DUI convictions
- The DUI resulted in injuries
- The case involves other aggravating factors as defined by Utah law
The difference between a misdemeanor and a felony can be significant. Felony convictions may carry more severe penalties including longer jail or prison time, larger fines, and long-term consequences for employment and professional licensing.
Even if your case begins as a misdemeanor, it is important to understand the potential consequences and available defenses.
Should I Hire an Attorney Before My First Court Date?
It is recommended in most cases to hire an attorney as soon as possible.
Waiting until after your first court appearance to speak with an attorney may limit decisions that could have been made earlier in the legal process.
An experienced attorney can:
- Explain the charges and potential consequences
- Review evidence and check for procedural issues
- Advise you about deadlines affecting your driver’s license
- Communicate with prosecutors on your behalf
Early representation often provides more opportunities to identify weaknesses in the prosecution’s case and achieve the best possible outcome.
What Mistakes Should I Avoid After Being Arrested?
The actions you take after a DUI arrest can significantly affect your case. Some common mistakes include:
Missing Court Dates
Failing to appear in court can result in additional legal problems, such as a warrant for your arrest.
Ignoring Administrative Deadlines
Deadlines related to your driving privileges may come up quickly after your arrest. Missing these deadlines can limit your options and lead to stricter license suspensions.
Assuming the Case Is a Lost Cause
An arrest is not the same as a conviction. DUI cases could involve issues relating to the traffic stop, field sobriety testing, or police procedures. Every case should be carefully evaluated on its facts.
Waiting Too Long to Seek Legal Advice
The sooner an attorney reviews your case, the more opportunities there may be to protect your rights.
What Else Should I Know?
Every case is different. The outcome depends on many factors, including the facts of the stop, the evidence collected, your prior record, and how the case is handled from the beginning.
If you’ve been arrested for DUI, don’t assume how your case will turn out. An experienced defense attorney can explain your options, answer your questions, and help you navigate both the criminal court process and any administrative issues that come up. The sooner you understand your rights and obligations, the better positioned you’ll be for the future.