Being convicted of a DUI can carry the penalty of license suspension
If you have the misfortune to be arrested for DUI in this state and refuse to take a field sobriety test, you will instantly face Utah DUI license suspension. The officer in question will take your license and replace it with a temporary permit that lasts for 29 days. Use this time to hire an experienced Utah DUI lawyer or risk losing your license for up to three years.
How to Keep Your Driver’s License after a DUI in Utah
There are two parts to a DUI case in the state of Utah; Civil and Criminal. The latter part is in place because you lose your license immediately when you’re either arrested for DUI or refuse to take a chemical test. The only way to fight back is to request a Driver’s License Review Hearing.
DMV Driver’s License Suspension Hearing
The Utah DUI Suspension Hearing is a formal affair and includes you, a Driver’s License Hearing Officer, and the arresting officer. If you don’t hire a Utah DUI lawyer, you will have to face the police officer alone, and this reduces your chances of success.
The suspension hearing begins with the officer testifying as to the nature of your arrest, and he/she will also explain how they gave the tests (if applicable). If you have an experienced Utah DUI attorney, they can cross-examine the officer to potentially find procedural flaws. Your lawyer can convince the Hearing Officer that your license should not be suspended.
For instance, they could argue that the test was not conducted correctly. If you refused the test, your DUI lawyer could point out that the police officer lacked ‘reasonable grounds’ to make the arrest.
I was arrested on my third DUI in ten years and was in the Utah County Jail looking at a Felony DUI and prison time. I needed an aggressive DUI criminal defense attorney out of Provo Utah who was familiar with the way the courts worked. When I called Dennis, He assured me that He was the best decision ever… He was not kidding.
I ended up getting court probation, No Jail Time, a small number of fines and the felony was dropped to a Class B misdemeanor. Thank you, Dennis.
– Todd H.
Winning the Driver’s License Hearing & Still Losing Driving Privileges
Please note that the Utah DUI Suspension Hearing is separate from your criminal case. In other words, the Hearing Officer may ensure that you don’t lose your license initially, but you could still lose the case and have your license revoked. Likewise, you could ‘lose’ the suspension hearing and win the case.
10 Day Limit for the Driver’s License Hearing
The most important thing to remember is that you only have ten days to request the Utah DUI suspension hearing from the date of your arrest. If you fail to complete the process within this timeframe, it becomes extremely difficult to win the case.
Why it’s important to hire a DUI Lawyer
If you fail your breathalyzer test and are convicted of DUI, you could have your license suspended for 120 days for a first offense and two years for subsequent offenses. If you refuse the test, you could lose your license for 18 months for a first offense and three years for a second offense.
Therefore, it is crucial that you get in touch with an experienced Utah DUI lawyer, such as the legal experts at Pawelek & Gale. We aggressively pursue every case to make sure our clients have a fighting chance.