Driver License Division - DUI What Happens
If you were ARRESTED for DUI, what happens next (some or all may apply):
- Your driver license was confiscated by the arresting officer and replaced with a citation that serves as a temporary license that expires in 29 days;
- Your vehicle was more than likely impounded (click here to find out how to retrieve an impounded vehicle);
- You should request a hearing within 10 days and fax the form to the Driver License Division at 801.964.4499;
- You can seek legal counsel to represent you in your driver license hearing and also your court appearance; and
- Your privilege to drive may be withdrawn on the 30th day after the date of arrest.
Suspension Times Vary:
- Driver under the age of 21 the suspension periods for drivers based on actions for a Per-Se arrest under UCA 53-3-223 or a Not-a-Drop arrest under UCA 53-3-231. These actions are administrative in nature, and are not based on a criminal conviction of DUI, but the arrest report itself.
- Suspension periods for DUI and metabolite court convictions will remain the same; however, the individual may petition the court for a shortening of the suspension period for a first offense for a violation of 41-6a-502 (DUI) or 41-6a-517 (metabolite) if certain conditions have been met.
- Driver under the age of 19 at the time of arrest, the following suspension periods will be imposed for a first offense:
- Not-a-Drop arrest - 1 year suspension effective 30 days from arrest date
- Per-Se arrest - 2 year suspension effective 30 days from arrest date
- Not-a-Drop or Per-Se arrest if committed prior to May 14, 2013 and the suspension or denial was based on the same occurrence upon which certain written verifications received from the court are based - 6 month period
- Driver age 19 or 20 at the time of arrest, the following suspension periods will be imposed for a first offense:
- Not-a-Drop arrest - 6 month suspension effective 30 days from arrest date
- Per-Se arrest - 6 month suspension effective 30 days from arrest date
- Driver under age 21 at the time of arrest and refuses to submit to a chemical test, the license will be revoked until the person is 21 years of age for a period of 2 years, whichever is longer, for a first offense, previously 18 months. This change will apply only to arrests that occur on or after July 1, 2011.
- Driver 21 or older at the time of arrest, the following suspension periods will be imposed for a first offense:
- Per-Se arrest - 120 days
- Refuse to submit to a chemical test - 18 months
- Driver 21 or older and has a second or subsequent arrests, the following suspension periods will be:
- Per-Se arrest - 2 years
- Refuse to submit to a chemical test - 36 months
Effective April 1, 2014 the court can reduce the driver license suspension period for a second or subsequent minor alcohol consumption or possession suspension or minor in a bar suspension if the person certifies to the court that they have not consumed alcohol for a concurrent period of at least one year during the suspension period. Must have a court order for reduction of the suspension.
Any person being convicted of a DUI violation will be interlock restricted
- Driver age 21 or over at the time of arrest - 18 months
- Driver under 21 of age at the time of arrest- 3 years