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Your driver’s license hearing request has to be filed within 10 days!
A common misconception is that you lose your driving privileges immediately upon a DUI arrest. This is not true! While it may be a short window, you do have 10 calendar days from the date of your arrest to file an administrative driver’s license hearing request with the Utah Driver’s License Division (DLD).
Schatz Anderson & Associates is here to help every step of the way to represent you when many other Utah criminal defense attorneys choose not to represent clients for DUI or alcohol-related charges in civil court. We believe in representing our clients from the beginning of the case to the end, including the civil fight to keep your driving privileges and we inform you on how to keep your license after a DUI. Call our office at 801-210-9499 to receive help from a paralegal on filing the hearing request form properly free of charge and with no obligation to you. You also have the option of filling out and submitting the state’s form.
Our DUI attorneys have received extensive training in Field Sobriety Tests (most of our attorneys are certified Standardized Field Sobriety Test Instructors), the operation and calibration of the breath testing machines, and the process of testing blood for drugs and alcohol. This extensive training and an aggressive approach to DUI defense have allowed us to maximize our defense over the years, which is why our success rate at defending DUI cases at trials is much higher than the average attorney.
The attorneys at Schatz Anderson & Associates are regarded as being skilled litigators by cops, prosecutors, and judges alike. Being a leader in DUI trials in the state of Utah, we have handled hundreds of Motion Hearings and trials, and have been successful in either dismissing the case entirely, reducing the severity of the DUI, or negotiating favorable plea bargains.
It is possible to win a driver’s license hearing and retain your license after a DUI. Statistically, the odds of winning are between about 20 to 30 percent. One likely reason that a driver will regain their license at one of these hearings is if the police officer does not appear in court.
The officer has 20 minutes from the hearing’s start time to call and prevent the driver from winning by default. In some cases, the officer fails to appear or call the court, which may improve the likelihood of retaining your license.
Occasionally, your attorney may have the opportunity to win a hearing because the police made a mistake at the time of your arrest or in the aftermath of the arrest.
The driver’s license division can only revoke or suspend your license if they receive all relevant paperwork within the necessary time frame. Errors may leave openings for your attorney to argue that the police or the state failed to take the legally necessary actions to suspend your license.
An attorney can discuss a strategy for how to keep your license after a DUI and review the facts of your case to build a defense.
The driver’s license hearing is separate from the criminal court process. It focuses solely on the issue of whether the driver can retain their license. Even if you do win the hearing, you may eventually still lose your license.
If a court convicts you for driving under the influence or you plead guilty, the sentencing terms may include a license suspension. If this happens, you may want to start thinking about license reinstatement.
If you lose your license, you may obtain a restricted license before regaining all of your driving privileges completely. A restricted license will permit you to operate a vehicle for specific purposes, like to go to and from work. Acquiring a restricted license may require paying certain fees and fines and installing an ignition interlock system in your vehicle.
When you’re wondering how to keep your license after a DUI, you’ll likely notice that Utah is a fairly tough state when it comes to driving under the influence. In fact, one study stated that Utah, with its .05 BAC limit, is the second strictest state in the country for individuals facing charges for driving under the influence.
Luckily, having an experienced criminal defense lawyer can help you to protect your rights, interests, and future.
There may be many questions left unanswered after a DUI arrest and not a clear direction to seek those answers. Below are a few commonly asked questions people have following a DUI that we’ve answered in full detail. If you are not finding your specific question, contact us today and someone will help you!
You have 10 days to submit a written request for an administrative driver’s license hearing with the Utah Driver’s License Division (DLD). After you submit the request, you will be mailed a notice of hearing in about 7-10 days. A hearing must be held within 29 days of the date of your arrest. Let us help you file your hearing request at no cost or obligation to you – call us at 801-210-9499!
Your license is automatically suspended; suspension can range from 120 days to 3 years, with no option for a limited work permit and no chance to appeal.
There are laws in Utah that prohibit the consumption of alcohol by minors and the violation carries penalties for those involved. The courts will also see how the minor was provided alcohol, whether by themselves or by another adult. However, there are potential additional penalties for being a minor and being caught drinking and driving including fines, community service, and losing their license for one year.
If you had a valid license at the time of your arrest, the officer should have issued you a temporary driver’s license good for 30 days from the date of your arrest. Check your copy of the DUI Summons and Citation to see if the arresting officer checked the “Valid” box near the bottom of the citation certifying that the DUI Summons and Citation serves as a temporary license for 30 days.
View all of the FAQs on what to do and expect after a DUI arrest. If you’re not seeing your question below, go to our DUI FAQ page to see all the common questions!