Salt Lake Criminal Defense Attorney Utah
Criminal Defense Attorney Stephen Howard
Call Criminal Defense Attorney in Utah
Call Utah Criminal Lawyer
Experienced Criminal Defense Attorneys / Former Prosecutors
Call 801-449-1409 now for help protecting 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

Will my driver license be suspended for a drug charge?

In addition to penalties imposed by the court, the Utah Driver License Division may suspend the driver license of a person convicted of a criminal drug offense. Avoiding a conviction completely is the best way to avoid a driver license suspension. But in the event that a drug conviction cannot be completely avoided, there are some exceptions which can allow a defendant to keep a driver license.

Seeking the assistance of an experienced drug crimes defense attorney can be the best way to achieve a positive outcome in any criminal or drug case. Utah criminal defense attorney Stephen Howard has handled thousands of serious felony and misdemeanor cases during his career. Based in Salt Lake City, Mr. Howard provides legal services to clients throughout Utah. Contact us today to arrange for an initial consultation.

What exceptions must be met to avoid a driver license suspension for a Utah drug conviction?

Motor Vehicle Involvement - In 2015, the Utah legislature amended the law affecting driver license suspensions for drug crimes. Prior to this amendment, in order to avoid a license suspension, the criminal court first had to enter an order finding that the drug offense "did not involve a motor vehicle."

Salt Lake Drug Defense AttorneyThis provision of the law was generally interpreted broadly. A drug offense was considered to "involve a motor vehicle" if drugs were found in the possession of either the driver or any passenger, or if drugs were found anywhere in a motor vehicle, including the passenger compartment, glove box, or trunk.

Under the prior version of the law, the court was required to forward a record of the drug conviction to the Driver License Division (DLD) and DLD was required to suspend the defendant’s driver license unless the court found that the “the violation did not involve a motor vehicle.”  This broad provision covered drivers as well as passengers. Thus, any person in the vehicle who was convicted of a drug charge could face a license suspension.

Under the 2015 amendment to the statute, the court may choose not to forward the record of conviction to DLD if it finds that the defendant “was not an operator of a motor vehicle at the time of the violation.” Thus, a passenger may not face a mandatory suspension based on a drug-related conviction.

Substance Abuse Counseling or Probation - If the record of conviction is forwarded to the DLD (mandatory for the driver, but optional for a passenger), the defendant may still avoid a mandatory driver license suspension by participating in drug treatment or substance abuse counseling. The defendant must provide proof to the court that he or she is either currently participating in or has completed treatment or counseling through a state licensed and approved substance abuse treatment provider. Alternatively, the defendant may avoid the license suspension if the court places the defendant on probation under the supervision of Adult Probation and Parole (AP&P).

Finding a Drug Crimes Lawyer in Salt Lake City, Utah

With a practice based in Salt Lake City, Stephen Howard has successfully defended drug charges ranging from simple marijuana possession to complex drug distribution cases. As a Utah criminal defense attorney with a record of successfully protecting his clients rights, Mr. Howard is prepared to defend even the most serious cases.

Contact us today to arrange for an initial consultation.

RELATED CRIMINAL DEFENSE TOPICS



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 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.
  • Violent Crimes Assalt Defense UtahProbation - Client charged with aggravated robbery based on allegations he entered a store with a gun and mask and demanded cash. Client confessed to police before hiring a defense attorney. Defense mitigation efforts resulted in a negotiated resolution that removed life in prison as a possibility, and secured a probation sentence from the court.
  • Recent Posts
  • What Constitutes Drug Parpahernalia in Utah How is drug paraphernalia defined in Utah? - The definition of drug paraphernalia under the Utah criminal code looks at both the nature of the object and also the intended use of the object in question. . . .
  • 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

You want the best defense. Agressive is good. But results ultimately are what really matter. Creating an effective strategy for defending against criminal prosecution requires a thorough understanding of statutes, case law, and evidentiary and procedural rules. A successful outcome is more likely when....

Strategy »
Salt Lake Criminal Defense Attorney Profile Utah

With decades of combined experience, our criminal defense team attorneys have the knowledge, skill, and determination to help you achieve the results you need. Facing criminal prosecution in Utah can have serious consequences. Choosing the best attorney to defend your case may be one of the most important decisions you will ever make....

Experience »
Conviction Consequences in Utah Criminal Prosecutions

Even a single misdemeanor conviction in Utah can result in extended jail time and substantial fines. The collateral consequences of a criminal conviction can last a lifetime. Whether you are facing misdemeanor prosecution in a justice court or more serious felony charges in the district court, obtaining advice and assistance from an experienced criminal defense attorney is....

Consequences »
Utah Criminal Defense Attorney - Reasons to Hope

Never give up hope. Being charged with a crime is not the same as being convicted. And it is usually not the end of the world. While the consequences of a criminal charge can be serious, there are often several options and strategies for handling your case. Understanding your options and how an experienced criminal lawyer can help....

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.