Posted by Bradley Henderson
Last Updated
Stone River Law is a Davis County DUI lawyer for people arrested in Layton, Farmington, Kaysville, Clearfield and throughout the county. A DUI arrest starts two separate processes, a criminal case and a driver license action, and the license deadline comes quickly. Attorney Bradley Henderson, a former Air Force prosecutor, and Attorney Stephen W. Howard, a Utah trial and appeals attorney since 1999, can help you protect your license, your record and your future.
Call 801-448-7451 as soon as possible after a DUI arrest. License hearing deadlines are short.
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
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 by phone. It is possible your license will be suspended, but not necessarily immediately or permanently.
Your DUI paperwork will likely explain how to request a hearing with the Driver License Division. Follow those steps and submit 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.
Where Davis County DUI Cases Are Heard
Most first-time DUI charges are misdemeanors heard in a city or county justice court, depending on where the arrest happened. See our guides to the Davis County Justice Court, the Clearfield Justice Court and the Syracuse Justice Court. Felony DUI cases are heard in the Second District Court in Farmington.
Is DUI in Utah a Felony or a Misdemeanor?
Most first-offense DUI charges in Utah are 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
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.
How We Defend DUI Cases
An arrest is not the same as a conviction. We review the reason for the stop, how field sobriety tests were given, breath or blood test procedures, and implied consent issues. Utah’s legal limit is 0.05 BAC, one of the lowest in the country, so the details of the testing matter.
When alcohol or substance use is part of the picture, we can also help you address it in a way that supports your case and your future. Treatment or counseling started early can matter in negotiations and at sentencing. Should you start counseling while your case is pending?
What Mistakes Should I Avoid After Being Arrested?
- Missing court dates. Failing to appear can lead to a warrant for your arrest.
- Ignoring administrative deadlines. Missing license deadlines can limit your options and lead to stricter suspensions.
- Assuming the case is a lost cause. DUI cases can involve issues with the traffic stop, field sobriety testing or police procedures.
- Waiting too long to get legal advice. The sooner an attorney reviews your case, the more options there may be.
Common Questions About Davis County DUI Charges
Should I hire an attorney before my first court date?
In most cases, yes. Waiting until after your first appearance can limit decisions that could have been made earlier, including steps to protect your license.
Will I lose my license?
Not necessarily, and not always immediately. It depends on your record, your BAC, whether you refused a test and whether you request a hearing on time.
Is a first DUI a felony in Utah?
Usually not. Most first-offense DUIs are misdemeanors. Prior DUIs, injuries or other aggravating factors can make a DUI a felony.
Can a DUI be expunged in Utah?
Some DUI convictions can be expunged after a 10 year waiting period, depending on your record. See Utah expungement.
Talk With a Davis County DUI Attorney
If you’ve been arrested for DUI in Davis County, don’t assume how your case will turn out. Call Stone River Law at 801-448-7451 or request a consultation. Our office is at 952 S. Main St., Suite A, Layton, Utah 84041.