Utah DUI Process: UT Criminal Court Procedure

A DUI offense in Utah will typically result in the filing of two cases against the offender - a criminal case (see Utah DUI Charges) through the state court system and an administrative case through the Division of Driver's License.

The information contained in this section is an outline of the criminal DUI court process that occurs following a DUI arrest.For more information on the civil administrative process, click on the Utah Driving tab.

Process may vary sightly between different counties and cities. It is a good idea to have an experienced local Utah DUI attorney to guide you through the process

The Utah DUI Arraignment

The first court appearance following a Utah DUI arrest is called the arraignment. At this hearing, you or your attorney will go before a judge who will formally read the charges that have been filed against you. You will then be asked to enter a plea. If you plead guilty, the judge will impose a sentence. If you plead not guilty, the case will be set for trial.

Pre-Trial Conferences in Utah Drunk Driving Cases

The pre-trial conference is an opportunity for you or your attorney to meet with the prosecutor to negotiate a plea agreement. If a reasonable agreement is made, it will be entered on the record. If an agreement is not reached, the case will proceed to trial.

Motions Hearings and Pretrial Litigation in UT DUI Prosecutions

Utah DUI defense attorneys who wish to resolve certain issues prior to trial will file a motion with the court. A hearing will then take place to resolve the issues raised in the motion. The most common motion in a DUI case is a motion to suppress evidence, such as statements or chemical test results. At the motion hearing, testimony from witnesses will be taken and your attorney may cross examine the police officers that were involved in your case. If the hearing is successful, the judge will grant the motion and any evidence that is to be suppressed will not be admissible against you at your trial.

Utah DUI Trials

If no plea agreement is reached, the case will proceed to trial. There are two types of trials that may occur in a Utah DUI case, bench trials and jury trials. A bench trial is held before a judge without a jury. At a jury trial, however, a judge will preside over the case to resolve issues of law and instruct a 4 person jury panel who will resolve the issues of fact. If the outcome of the trial is a guilty verdict, the case will be set for a sentencing hearing. If the verdict is not guilty, then the case and all charges will be dismissed.

Appeals from Utah DUI Convictions

Following a guilty verdict, a UT DUI defendant has a right to appeal to higher courts for review. A written request for an appeal must be made within 30 days of the conviction, however, or the right to appeal will be considered "waived."