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In Utah, an arrest for a DUI
triggers two cases: a court case, and a case
with the Driver License Division. The Driver
License Division will grant you an opportunity
for a civil administrative hearing, upon receiving
a written request within 10 calendar days of
arrest. It is very important to know that the
failure to properly request a hearing or to
appear for a hearing, will result in a mandatory
loss of driving privileges. Also, a criminal
conviction (court case) of DUI / DWI or any
drug related or evading offense or an adverse
administrative determination (from Driver License
Division) will result in loss of driving privilege
for at least 90 days and could be as long as
several years.
Utah is an implied consent state. This means
that all drivers in Utah have impliedly consented
to a blood or breath test to determine alcohol
content, if requested by an officer. If a driver refuses to provide a blood
or breath sample after lawfully being requested
to do so, the administrative sanction against
their driver’s license is 90 days suspension
and 18 months no-alcohol conditional license
probation on a first offense DUI, and six months
driver’s license suspension and 24 months
no alcohol conditional license probation for
a second or subsequent offense DUI. A third
DUI will result in a one year license suspension
and three years no alcohol conditional license
probation.
The Driver License Division will not only suspend
your license based on their own hearing but
will also suspend your license based on a DUI
conviction entered by the court. You license can be suspended
even if you won your criminal court case, or vice versa.
Effective May 2005, it is a violation in Utah
to operate a motor vehicle with any measurable
amount of alcohol in the body when your driving
privilege has been suspended, revoked or denied
for driving under the influence of alcohol
or drugs, alcohol or drug related reckless
driving, refusal to submit to a chemical test,
driving with a metabolite of a drug in the
system, automobile homicide, or evasion of
police contact. If convicted for a violation
of this new law, your driving privilege will
be suspended, revoked or denied for an additional
period of one year.
Utah DUI law makes it a crime for any person
to operate or be in actual physical control
of a vehicle if the person has a blood alcohol
content (BAC) of .08% or higher OR is under
the influence of alcohol, any drug, or a combination
of both that renders the person incapable of
safely operating a vehicle. Utah judges have a great deal of discretion
regarding sentences for DUI related offenses.
For example, the judge has discretion to impose
the mandatory jail sentence or substitute the
jail sentence with community service. In addition,
the judge determines the amount of the fine
and sets the conditions of probation, such
as determining whether probation is supervised
or unsupervised.
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