Salt Lake Criminal Defense Attorney Utah
Call Criminal Defense Attorney in Utah
Call Utah Criminal Lawyer
Veteran Criminal Defense Attorneys / Former Prosecutors
Call 801-449-1409. We fight to protect your rights.
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 - Charges of insurance fraud were brought when investigators found reason to believe that client's claim of injury was fraudulent. Client was seen kicking a soccer ball, and investigators concluded that the injury claim was false. By obtaining medical records and other administrative records, and by pointing out to the prosecutor that the alleged injury interferred with the client's ability to lift - not his ability to kick a ball - the prosecutor agreed to dismiss the case.
  • Drug Crimes Defense Attorney Utah Dismissed - Client facing first-degree felony drug distribution charge and potential life in prison. Charges were based on allegations that client had sold drugs to an undercover police officer, then made a full confession. Successful mitigation work resulted in negotiated offer of misdemeanor plea-in-abeyance and ultimate dismissal of case.
  • Utah 402 Reduction Attorney Felony Reduced - Client with prior felony conviction was granted a 402 reduction to the misdemeanor level over the objection of the prosecutor. Based on information provided to the court in support of the defense motion, the judge ruled in favor of the defense.
  • Utah Burglary Attorney Not Guilty - Client was charged with residential felony burglary and theft charges. Effective cross-examination of alleged victim at preliminary hearing resulted in an admission by the alleged victim that the charges were based on a false report to police, made for the purpose of getting revenge against the defendant. Case was dismissed outright.
  • 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 Criminal Defense Strategy

The best outcome is more likely when the right strategy is employed. Developing the best strategy can require real courtroom experience, a thorough understanding of procedural and substantive legal issues, and a determination to ensure that important constitutional and other legal rights are protected. Choosing the right attorney....

Strategy »
Salt Lake Criminal Defense Attorney Profile Utah

Our criminal defense lawyers have represented clients facing some of the most serious felony charges on the books in Utah. Whether you are facing prosecution for felony or misdemeanor charges, you can be assured that our attorneys have the experience, knowledge, and determination necessary to help you achieve the results you need. Choosing the best defense attorney for your case will be one of the most important decisions you make....

Experience »
Conviction Consequences - Utah Criminal Defense

Even a "minor" misdemeanor carries the potential for jail time and significant fines. The direct penalties and collateral consequences of a felony conviction are even more severe. Understanding these consequences is critical as you make decisions relating to your case. Even in a misdemeanor case, you should not....

Consequences »
Utah Criminal Attorney - Reasons to Hope

An arrest is not a conviction. If you are facing criminal prosecution in Utah, it can feel like your world is collapsing. But there are things you can do right now that can increase your chances of a good outcome. An experienced criminal defense lawyer can help you evaluate the various options available to you and help develop a strategy for success....

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.