Salt Lake Criminal Defense Attorney Utah
Criminal Defense Attorney Stephen Howard
Call Criminal Defense Attorney in Utah
Call Utah Criminal Lawyer
Experienced Criminal Defense Lawyers / Former Prosecutors
Call 801-449-1409 now to see what our criminal defense team can do for you.
Utah Criminal Defense Lawyer Salt Lake City

Criminal Defense Solutions Start HereSM

Finding a Felony Defense LawyerChoosing a Misdemeanor Defense LawyerDrug and Alcohol Crimes Defense LawyerWhite Collar Defense Attorney for Utah ChargesAttorney for Expungements Reductions and PardonsDefendant Constitutional Rights Criminal LawyerBail and Bond Alternatives in UtahReasons for Hope Facing Criminal Charges


Utah DUI - Driver License Hearings

Do I need to request a driver license hearing on a Utah DUI citation if I have an out-of-state driver license?

There is a common misconception that a person with an out-of-state license who is charged with a DUI in Utah does not need to request a Utah driver license hearing. The mistaken reasoning behind this misconception is that the Utah Driver License Division (DLD) should not be able to impose a license suspension where the driver does not have a Utah driver license. This is not correct.

If you are facing DUI or other criminal charges in Utah, having an experienced criminal defense attorney on your side can be critical to achieving the best outcome for your case. Contact us today to see how we can help you.

Utah Driver License Suspensions - Out-of-State Drivers

Salt Lake Davis DUI Lawyer UtahWhile it may be true that the Utah Driver License Division cannot suspend an out-of-state license, it does not necessarily follow that receiving a DUI citation in Utah will not affect your out-of-state driver license.

Under Utah law, a person who is cited for DUI (or related charges such as driving with a measurable controlled substance or metabolite) has ten days from the date of citation to request a driver license hearing. If no license hearing is requested by the driver, the Driver License Division will enter an automatic suspension order against the driver.

Even though the Utah Driver License Division does not have jurisdiction over an out-of-state license, most other states will enter a reciprocal suspension order upon entry of the Utah suspension order. Thus, it is important to request a license hearing with ten days of receiving a DUI-related citation.

Utah Driver License Hearings - Discovery

In addition to avoiding a license suspension, a driver license hearing can serve another important purpose in defending a Utah DUI case. Most DUI charges in Utah are filed at the misdemeanor level. Certain aggravating factors (e.g., repeated violations, serious injury or death resulting from an accident) can result in a felony charge. But at the misdemeanor level, a DUI case provides only limited discovery opportunities for the defense.

While the prosecutor is generally required to turn over any police report, lab reports, Intoxylizer logs, etc., a class B misdemeanor in Utah does not allow the defense the right to a preliminary hearing. In a class A or felony case, a preliminary hearing provides the defense with an opportunity to cross examine witnesses prior to trial. Such prior cross-examination can prove critical in furthering defense discovery or providing impeachment material for trial. But a class B misdemeanor case does not allow for a preliminary hearing.

The driver license hearing provides an opportunity for the defense to cross examine the officer involved in a DUI case. This can give the defense an opportunity to obtain critical information that may not be apparent in the police reports.

Details about how the standardized field sobriety tests (FST's) were conducted, how the "Baker" period was observed prior to administering a breath test, whether the officer provided the correct admonition or read the defendant his Miranda rights - this is information that is often absent in standard DUI police reports. But a driver license hearing can provide an opportunity to ask important questions on these and other topics prior to trial. Obtaining this information early in the case can put the defense at a strategic advantage when it comes to defending a DUI case in the criminal courts.

Finding a Utah DUI Attorney

Utah Criminal Defense LawyerIf you are facing prosecution for DUI, driving with a measurable controlled substance or metabolite, or other criminal charges in Utah, obtaining the assistance of an experienced criminal defense attorney can be vital to the success of your case. One of the most important decisions you will make can involve choosing the right criminal defense attorney for your case.

Contact us today to see how an experienced Utah criminal defense attorney can help you.


Best Rating
Make a Payment to Your Account
Get Help Now
Name: Email: Phone: Describe your legal needs here:
I accept the disclaimer below.
Disclaimer: No attorney-client relationship is established by the use of this form. Confidential or time-sensitive information should not be submitted through this form. By clicking 'submit' I am only requesting that I be contacted for the purpose of obtaining legal services.

This form protected by reCAPTCHA.

  • Selected Victories
  • Criminal Defense AttorneyDismissed - Contractor was charged with theft by deception for allegedly misusing customer funds and failing to complete work that had been agreed upon. A successful motion to quash on legal grounds following the bindover order at preliminary hearing resulted in a complete dismissal of all charges.
  • Criminal Appeals Defense AttorneyDismissed on Appeal - DUI case was dismissed after a successful appeal where the Utah Court of Appeals reversed the trial court's denial of the defense motion to suppress. Without the suppressed evidence, the prosecutor acknowledged that they did not have sufficient evidence to proceed to trial and the case was dismissed.
  • Utah Expungement Attorney Salt Lake Davis Expunged - Client with prior conviction for violent felony was ineligible for expungement through the courts. A successful 2-step reduction restored expungement eligibility and ultimately led to the court's decision to grant the requested expungement.
  • Felony Attorney Utah Dismissed - Client facing first-degree felony charge and possible life in prison for child kidnapping. Full defense analysis of the case revealed critical legal flaws in the prosecution's case. When confronted with the defense legal analysis, the prosecutor agreed to dismiss the case outright without trial.
  • Recent Posts
  • What to Do When Arrested for DUI What should I do if I am arrested for DUI? - Many DUI cases begin as minor traffic stops. But the consequences of a DUI conviction are much more serious than an ordinary traffic citation. If you are pulled over for a suspected DUI, you have specific important constitutional and statutory rights that can protect your. . . .
  • Utah Misdemeanor Attorney Salt Lake Can I handle a Utah misdemeanor from out-of-state? - Even if you do not intend to take your case to trial, a misdemeanor criminal offense in Utah can require multiple court appearances to reach a resolution. If you have been charged with a crime in Utah, but are not a Utah resident, an experienced criminal defense attorney may be able to help you resolve the case without returning to the state. . . .
Best Utah Criminal Defense Strategy

Successfully defending against criminal prosecution requires more than just an 'aggressive' defense. The best defense attorneys understand that a sophisticated defense requires a thorough understanding of a variety of nuanced legal issues, real experience in the courtroom, good negotiation skills, and much more. Fighting hard is good. Fighting smart is better....

Strategy »
Salt Lake Criminal Defense Attorney Profile Utah

Choosing the best criminal defense attorney for your Utah criminal case may be the single most important decision you make. The courtroom can be a hostile place. Prosecutors receive extensive training on legal and tactical issues. Having an experienced criminal defense lawyer on your side is critical to defending your case and protecting your rights....

Experience »
Conviction Consequences - Utah Criminal Defense

In Utah, even a "minor" misdemeanor conviction carries the potential for jail time and significant fines. A felony conviction carries the potential of lengthy prison terms and the various consequences that come with being labeled as a convicted felon. Never plead guilty without first finding out....

Consequences »
Criminal Defense Attorney in Utah - Reasons to Hope

Clients sometimes ask what the "worst case scenario" is for their charges. We prefer to take a more positive approach. Facing criminal prosecution in Utah can have serious consequences. But you can take steps and make choices right now that will improve your chances of a positive outcome. Let us help you....

Reasons to Hope »
Home | Attorney Profile | Case Results | Criminal Code | FAQ | Legal Resources | Defense Strategy | Contact Us

Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.

Attorney Stephen Howard practices as part of the Canyons Law Group, LLC and Stephen W. Howard, PC.

Offices in Salt Lake and Davis Counties
560 South 300 East, Suite 200, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041

Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.

In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.

Stephen W. Howard, PC

The materials in this website are intended for informational purposes only, and are not legal advice. Viewing or responding to materials in this site does not create an attorney-client relationship. Read Full Disclaimer.