Utah DUI Driving and License Suspension Issues

Under Utah DUI Law, any person who operates a motor vehicle in the state of Utah is considered to have given his/her consent to a chemical test or tests of their breath, blood, urine, or oral fluids for the purpose of determining whether the person was operating or in actual physical control of a motor vehicle while under the influence of alcohol and/or drugs.

Persons arrested for a Utah DUI must be told that refusal to submit to chemical testing will result in the revocation of their driver's license in accordance with the penalties listed below. The administrative license suspension will be in addition to any suspension that it imposed upon a criminal conviction arising from the same DUI offense.

**NOTE - Utah law does not provide for temporary hardship or work permits for persons who have their driving priviliges suspended. Persons caught driving during a license suspension period will be charged with a class B misdemeanor offense.

Refusing a DUI Chemical Test During A Utah DUI Arrest

Persons who refuse chemical testing will be issued a notice of the Driver's License Division's intention to revoke the person's privilege or license to operate a motor vehicle. The police officer will confiscate the person's license and issue a temporary license certificate that will be effective for 29 days from the date of arrest.

Utah DUI Administrative License Suspension Penalties

FIRST OFFENSE - 90 days (18 months if chemical test refusal)

SUBSEQUENT OFFENSE WITHIN 10 YEARS - 1 year (24 months if chemical test refusal)

Note: the above penalties are the civil administrative penalties. See Utah DUI Criminal Penalties to learn about jail, fines and other criminal sanctions. To learn about the various types of tests used in UT DWI arrests, see our article about Utah DUI breath and blood testing.

Utah DUI Administrative Review Hearings For License Suspensions

A person who has been issued a notice of intention after a Utah DUI arrest is entitled to a hearing to contest the license revocation.

The request for a hearing must be made in writing within 10 days after the notice of intention is issued. The hearing will then take place within 29 days following the date of the person's arrest. If no request for a hearing is made, the license revocation will go into effect on the 30th day following the date of the person's arrest. The hearing will be conducted by the Driver License Division and will be held in the county in which the DUI offense occurred.

The administrative hearing is limited to the issues of whether a peace officer had reasonable grounds to believe that a person was operating a motor vehicle under the influence and whether the person refused to submit to the test or tests. If the Driver License Division determines that the person was requested to submit to chemical testing and refused, or if the person fails to appear at the hearing, the Division will revoke the person's driver's license in accordance with the penalties listed above.

Following a Division hearing, a Utah DUI offender may seek judicial review of the Division's revocation, where a trial may be held.