After a DUI arrest, if your blood alcohol content (BAC) level is at least .08 percent or if you refused to take a chemical test, your driver’s license will be automatically suspended, and a temporary 29-day driver’s permit will be issued. The only way to fight this suspension is to request a Driver’s License Review Hearing with the Driver’s License Division (DLD) of the Utah Department of Public Safety.
Keep in mind, this type of driver’s suspension is separate from a suspension as a result of a criminal conviction. Essentially, it is possible to serve two types of suspensions if you are convicted of drunk driving.
After receiving a temporary driver’s permit, you must request a hearing within 10 days of your arrest. Once the 10-day period has elapsed, you can no longer fight the suspension.
An Administrative Law Judge (ALJ) at the hearing will listen to your case and decide whether your driver’s license suspension should be lifted. You and/or your lawyer will have an opportunity to prove your driver’s license shouldn’t be suspended by showing the court that the officer lacked reasonable suspicion or probable cause to make an arrest or that the test results are inaccurate.
If the judge decides not to lift your suspension, driver’s license suspension will last up to 120 days for a first offense or two years for a second offense. However, if you refused the chemical test, the driver’s license suspension will last up to 18 months for a first offense or 36 months for a second offense.
If you have been arrested for drunk driving in Salt Lake City, contact Lokken & Putnam, P.C. today at (801) 829-9783 and schedule a free consultation.