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

While
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

If
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.