First, the law enforcement officer will testify as to why you were arrested and how the tests were given if they were given. Then you or your attorney will have a chance to cross examine the officer and to try and convince the hearing officer that your license should not be suspended. For example, if you took a chemical test that showed. Contact Us. Failure to request this hearing will result in an automatic suspension of your driving privileges. A request for a driver license hearing in Utah must be made in writing, and must be made be made within ten days of the date you were cited or arrested.
In rare cases, and if there is a good reason for the the request, a request for a driver license hearing may be granted after the ten-day period has passed. But these circumstances are rare.
Whenever possible, the request should be made within the required ten-day period. You have the right to be represented by counsel at a driver license hearing.
Retaining a Utah defense attorney can help ensure that your rights are protected, not just in your license hearing but in the criminal DUI case. Contact us today to arrange for an initial confidential consultation. In some states, the DMV is responsible for driver licenses. The written hearing request instead must be directed to the DLD. This poses a serious challenge for people who are frequent visitors to Utah, have recently moved to Utah, or live in another state but work in Utah.
If requested, the DLD hearing will be held within 29 days of your DUI arrest, as the license suspension will automatically begin on the 30 th day if no action is taken. At this hearing, you and your lawyer will have a chance to challenge all of the evidence against you, such as the results of your Breathalyzer test or blood or urine tests, the way the stop and any roadside tests were conducted, the way paperwork was completed, and the testimony of the officer, who will usually call in over the phone, rather than appear in person.
If the officer fails to appear at all, which commonly occurs in these cases, there is a good chance that your request will be granted, and your license will be restored, at least temporarily. Because of this, the style and substance of the arguments at this hearing is very different from those in a normal courtroom. This is why it is important have legal counsel with experience at these particular proceedings, like the skilled attorneys at Overson Law, PLLC.
If the administrative law judge rules against you, we can file a motion for reconsideration, but your license suspension will take effect the 30 th day after the arrest even if an appeal is pending. When you are arrested for a DUI, there will be both civil and criminal matters to deal with. The issue of your license suspension is a civil matter.
According to Utah law, your license is automatically suspended when you are arrested for a DUI and you have a limited time, about ten days, to request a DLD hearing to contest the suspension. This occurs separately from the criminal hearing, where you will be found guilty or not guilty of the DUI. The civil and criminal hearings operate independently of each other. The outcome of one hearing will not impact the outcome of the other.
This means if you are found guilty of the DUI charges in criminal court, you may still have your license revoked at the DLD hearing. Similarly, if your license is not revoked at your DLD hearing, you can still be found guilty of the DUI charges in criminal court. The criminal hearing will focus on other factors and determine things like criminal penalties. Alcohol-restricted driver violation. After certain convictions e. Driving with any measurable amount of alcohol in your system for the duration of your probation can result in your license being confiscated.
Failure to appear in court or pay a fine for a traffic violation. Failure to pay child support. Conviction of a texting violation. Penalties are increased for drivers who drive during their suspension period for a DUI. Check Your License Status Because you can risk losing your license upon the accumulation of points or other violations, it's a good idea to know how what's on your Utah driving record. Faxing the form to the Driver License Division at Restricted Utah Licenses In some cases, you may receive a limited license that allows you to drive only to and from work, but you'll have to have a hearing to apply for one.
The Utah DPS lists the requirements needed to apply for a limited license , but know that you must provide: Proof that you need the license or you face hardship. Example : A letter from your employer that details your work schedule if a license is needed for work. A letter from the most recent convicting judge. Written verification from your doctor that you are not unable to drive due to a controlled substance or any impairment.
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