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."

This
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.
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