From the moment you receive a DUI arrest in Utah, you only have 10 days to file a written request for an administrative hearing with the Utah DLD regarding your driver’s license. If you do not request such a hearing or request one outside the 10-day period, you will automatically have a license suspension for anywhere from 120 days to 3 years. Before you are even found guilty or innocent on your criminal charges, this is a separate administrative hearing from the criminal hearing in court.
Do not miss this hard deadline or leave the hearing to chance. Defend your license and give yourself the best chance at keeping it.
Bangerter Law Firm will file the written request for you and will represent you at this driver’s license hearing as part of the overall DUI defense strategy. The prosecutor does not attend this DLD hearing, but a hearing officer will. At the DLD hearing, Mr. Bangerter will cross-examine the arresting officer about the nature of the stop, the field sobriety tests administered, the breath and/or blood test, and will seek to find any weaknesses and errors or omissions that would result in a finding by the Utah DLD that your license should not be revoked.
The DUI Summons and Citation you have from the issuing agency is your temporary license or restricted license for the 30 days after your arrest as long as the correct box is checked on your Summons and Citation. After that 30-day period, if you have a driver’s license suspension or license revocation, you must cease driving until your license is renewed and driving privilege is restored. Bangerter Law Firm can assist you in defending your license, and if you do end up with a revocation, we will assist you in reinstating your license as soon as you are eligible. When restoring your license, there will be a reinstatement fee, and you might be regarded as an Alcohol Restricted Driver (ARD) if your driver’s license was suspended, revoked, or you were convicted of a DWI or DUI charge. Other offenses that could cause your license to need to be reinstated include:
- Per Se Arrest
- Refusing a chemical test, breath test, or field sobriety tests, such as a breathalyzer test, when a peace officer has probable cause to believe you were driving under the influence
- Automobile homicide
- Ignition interlock violation
- And other violations if you have a history of offense on your driving record
It is important to recognize that the DLD hearing and the criminal charges are related but separate actions. The DLD hearing is an administrative action that is not in front of a law-trained judge, does not have a prosecutor, and is not subject to the Utah Rules of Evidence. The result of one action does not necessarily affect the result of the other.
It is important that you immediately coordinate the defense of your case with both a DLD hearing defense plan as well as a defense strategy in the criminal case. A DUI attorney with experience in the NHTSA field sobriety tests, stop and seizure law, and police procedure will be most valuable in ensuring that your case gets the best possible defense.
Even if you choose not to hire counsel to represent you, you should always request a DLD hearing. Here is the link to request such a hearing on your own: https://dld.utah.gov/wp-content/uploads/sites/17/2021/10/Hearing-Request-REV-2.21.pdf