A DUI conviction in Utah carries significant legal and personal consequences that can disrupt your daily life. Under Utah Code § 41-6a-502, a driver can be charged with a DUI if their blood alcohol concentration (BAC) is .05% or higher or their ability to drive safely is impaired because they are under the influence. Most DUI offenses in Utah are Class B misdemeanors, punishable by up to six months in jail and fines of up to $1,000.
Beyond these immediate penalties, a DUI conviction can result in the suspension of your driver’s license. Losing your driving privileges can make meeting work obligations, running personal errands, or maintaining independence difficult. Moreover, attempting to drive on a suspended license can lead to additional charges, compounding the legal challenges you may face.
If you’re navigating the complexities of a DUI in Salt Lake City, it’s crucial to understand your rights and explore your legal options. Call Lokken & Putnam, P.C. at (801) 829-9783 or reach out online to schedule a consultation.
The Law Behind DUI Driver’s License Suspension
Under Utah Code § 41-6a-509, the Driver License Division may suspend or revoke the driver’s license of anyone convicted of driving under the influence. The length and severity of the suspension depend on several factors, including the BAC level at the time of the offense and any prior DUI convictions.
First-time DUI offenders in Utah often face a minimum driver’s license suspension period. Repeat offenders or those with aggravating circumstances may face more severe consequences. For example, driving under the influence with a minor in the vehicle or having a prior DUI conviction within the last ten years can result in harsher penalties.
What You Should Know About Driver’s License Suspensions and Revocations
DUI-related driver’s license suspensions and revocations can vary based on age, offense history, and other circumstances, so knowing what to expect and how to move forward is crucial.
Temporary Suspension of Driving Privileges
If you are convicted of a DUI in Utah, your license may be temporarily suspended.
The suspension period depends on your age and whether it’s your first offense:
- First-time offenders 21 years of age or older: A 120-day suspension is typically imposed.
- Offenders 19 to 20 years of age: Driving privileges are suspended for one year or until you turn 21, whichever is longer.
- Offenders under 19 years of age: Your driver’s license will be suspended until you turn 21.
Revocation vs. Suspension
Driver’s license revocations carry more severe consequences than suspensions. While a suspension temporarily restricts your driving privileges, allowing reinstatement after the suspension period ends, a revocation fully terminates your license. To regain driving privileges after a revocation, you must reapply for a new license and meet all the application requirements.
If you’re 21 years of age or older, your driver’s license revocation can last two years, particularly if you have prior DUI convictions or aggravating factors, such as driving under the influence with a minor in the vehicle. If you’re under 21 years of age, your revocation will last until you turn 21 or for two years, whichever is longer.
Protecting Your Driving Privileges
Being charged with a DUI in Utah doesn’t mean you have to face the consequences without options. You can challenge the charges and seek to protect your driving privileges, but acting quickly and strategically is essential.
Contesting Driver’s License Suspension or Revocation
If you've been arrested for a DUI, you have the right to dispute the suspension or revocation of your license. To do so, you must request a hearing with the Driver License Division within 10 days of your arrest. The administrative hearing allows you to present your case and challenge the evidence supporting the suspension.
Additionally, you can fight the DUI charge in court. You can avoid a conviction and the resulting penalties by disputing the evidence or circumstances surrounding your arrest.
An attorney can help you navigate administrative and criminal proceedings.
The Importance of Seeking Legal Representation
A DUI conviction can have significant repercussions, such as financial penalties, possible incarceration, and the suspension of your driving privileges. Whether facing a driver’s license suspension or revocation, you can challenge the action and work toward regaining your driving rights. With the guidance of a DUI defense attorney, you can explore strategies to fight your charges, seek to reduce the severity of penalties, and protect your ability to drive.
If you need legal representation in Salt Lake City, contact Lokken & Putnam, P.C. at (801) 829-9783 to schedule a consultation.