FAQ

No.  The officer should have given you a notice that indicated that you have 10 days after the arrest to request a hearing.  If you do not request a hearing within that period of time, your license will automatically be suspended.  There are many things an experienced attorney can do to try to save your license.  It is important that you consult with an attorney as soon as possible after you are arrested for DUI to preserve your rights.

Remember, you only have 10 days to request a hearing to try to keep your license and minimize the impact your arrest will have on you and your family.  Because of the short time limits, you should consult with an attorney as soon as possible.

For a free consultation with an expert attorney on Driver's License and DUI issues, contact Lorenzo Miller at (385) 232-5456.

No.  It is not required that you have an attorney to request or attend the hearing. However, even though you are not required to have an attorney assist you with requesting and attending the hearing, the right to drive is critical and this hearing affects important rights.  In order to protect yourself in both the criminal matter and protect your right to drive, you should seek an experienced defense attorney to help you through this process.

Remember, you only have 10 days to request a hearing to try to keep your license and minimize the impact your arrest will have on you and your family. Because of the short time limits, you should consult with an attorney as soon as possible after you are arrested for DUI to preserve your rights.

For a free consultation with an expert attorney on Driver’s License and DUI issues, contact Lorenzo Miller at (385) 232-5456.

For a free consultation with an expert attorney on Driver's License and DUI issues, contact Lorenzo Miller at (385) 232-5456.

• Under the age of 19 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
• 19 or 20 years old 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
• Under age 21 for a first offense and refuses to submit to a chemical test, the license will be revoked for a period of 2 years for a first offense.
• 21 or older for a first offense:
  • Per-Se arrest - 120 days
  • Refuse to submit to a chemical test - 18 months
• 21 or older for 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

Remember, you only have 10 days to request a hearing to try to keep your license and minimize the impact your arrest will have on you and your family. Because of the short time limits, you should consult with an attorney as soon as possible after you are arrested for DUI to preserve your rights.

For a free consultation with an expert attorney on Driver's License and DUI issues, contact Lorenzo Miller at (385) 232-5456.

Usually not.  Conditional licenses are very rare and only available to people whose license has been suspended for over 3 years.  If this has occurred to you, you may be able to get a conditional license to drive to and from work or school.

Remember, you only have 10 days to request a hearing to try to keep your license and minimize the impact your arrest will have on you and your family.  Because of the short time limits, you should consult with an attorney as soon as possible after you are arrested for DUI to preserve your rights.

For a free consultation with an expert attorney on Driver's License and DUI issues, contact Lorenzo Miller at (385) 232-5456.

• Under Utah law, a driving on an alcohol related suspended license is a Class B misdemeanor.  It requires that you personally appear in court and, if convicted, you could pay a fine of up to $1,850.00 and the judge has the option of sentencing you to 180 days in jail.  Although the judge has this option, the recommended fine for a first violation is $723.00.  It is not uncommon to have jail imposed if there are multiple violations of this law.
• If you are convicted of driving on an alcohol related suspended license, the driver's license will also extend the period of your suspension.

Having an attorney assist you if you are charged with driving on a suspended license could be very important to protect your ability to drive. 

Remember, you only have 10 days to request a hearing to try to keep your license and minimize the impact your arrest will have on you and your family.  Because of the short time limits, you should consult with an attorney as soon as possible after you are arrested for DUI to preserve your rights.

For a free consultation with an expert attorney on Driver's License and DUI issues, contact Lorenzo Miller at (385) 232-5456.

Your license is not automatically renewed after your suspension time has expired.  You must apply for your license at a driver's license location and pay a reinstatement fee of $65 as well as an administrative fee of $170. Driver's license accepts cash, checks, money orders, and credit cards in all offices.

For a listing of Utah Driver's License Locations click here.

You will also need to meet all requirements as set out by the court. This can include jail time, community service hours, drug and alcohol counseling, and fines.

Here a few tips to avoid multiple trips to the Driver's License Offices:

• Double check that you have all the correct documentation before visiting a driver license office.
• Documents must be an original or a copy certified by the issuing agency.  Faxed or photocopied documents will NOT be accepted.
• Any name variation from your identity document must be accompanied by legal authorizing documentation identifying the updated information (marriage, divorce or court order).
• Arrive early enough to be able to complete processing, even if you are there before closing time, they will not guarantee completion of required processing after closing time.
• Although you may pay for your license by check, credit card, or cash, there are a few things you should know to prevent inconvenience.  They will not cash payroll or two-party checks. The checks must be made payable to the Department of Public Safety and must be in the correct amount. If your check is returned by the bank without payment, you will be required to pay a $20 service charge, if you wish to keep your driving privilege.

Remember, you only have 10 days to request a hearing to try to keep your license and minimize the impact your arrest will have on you and your family.  Because of the short time limits, you should consult with an attorney as soon as possible after you are arrested for DUI to preserve your rights.

For a free consultation with an expert attorney on Driver's License and DUI issues, contact Lorenzo Miller at (385) 232-5456.

Yes.  Once a license is reinstated after a DUI, you will become an alcohol-restricted driver.  This means you may not drive with ANY alcohol in your system. You may also be required to install an ignition interlock devise on your vehicle.

IMPORTANT NOTE:  You will automatically become an Alcohol Restricted Driver under the circumstances described above and may not receive notice from the Driver's License Division or the Courts.  Your license will not say you are Alcohol Restricted but law enforcement will have access to computers, which will notify them that you are not to drive with any alcohol in your system.

There are many ways to attempt to avoid becoming an alcohol-restricted driver or having to pay for and install an ignition interlock.  Having an attorney assist you with your driver's license issues and your criminal case helps you to protect these important rights.

Remember, you only have 10 days to request a hearing to try to keep your license and minimize the impact your arrest will have on you and your family.  Because of the short time limits, you should consult with an attorney as soon as possible after you are arrested for DUI to preserve your rights.

For a free consultation with an expert attorney on Driver's License and DUI issues, contact Lorenzo Miller at (385) 232-5456.

• Two (2) years for a first conviction for DUI, alcohol related reckless driving, or impaired driving;
• Two (2) years if your license was suspended by the Diver’s License Division;
• Three (3) years for a conviction for an alcohol restricted driver violation;
• Three (3) years for a conviction for an ignition interlock violation;
• Five (5) years for a first arrest for refusal to submit to a chemical test;
• Ten (10) years for a second conviction for DUI or alcohol related reckless driving or a second arrest for refusal to submit to a chemical test within ten years of a first offense;
• Lifetime for felony DUI or automobile homicide.

If you have questions about whether you are an alcohol restricted driver, you should contact the Utah Driver's License Division before driving after your license is renewed.

For a free consultation with an expert attorney on Driver's License and DUI issues, contact Lorenzo Miller at (385) 232-5456.

• You may not drive with any alcohol in your system.
• Remember, the restriction begins on the conviction date of a citation for DUI, alcohol-related reckless driving or automobile homicide, or the effective date of a suspension or revocation for PerSe arrest or refusal to submit to a chemical test.
• Once you are eligible to reinstate your driving privilege, the alcohol restriction will remain in effect until the time period is expired.

For a free consultation with an expert attorney on Driver's License and DUI issues, contact Lorenzo Miller at (385) 232-5456.

• Under Utah law, a violation of the alcohol restriction is a Class B misdemeanor.  It requires that you personally appear in court and, if convicted, you could pay a fine of up to $1,850.00 and the judge has the option of sentencing you to 180 days in jail.  Although the judge has this option, the recommended fine for this violation is $1,615.00.
• A conviction for a violation of the “Alcohol Restricted License Law will also result in a one (1) year revocation of your driving privilege.

If you are charged with driving with alcohol in your system and you are a restricted driver, you should seek legal counsel to help you protect your rights and your ability to drive.

For a free consultation with an expert attorney on Driver's License and DUI issues, contact Lorenzo Miller at (385) 232-5456.

An ignition interlock device or breath alcohol ignition interlock device is a type of breathalyzer which is installed to your car's dashboard. Before the vehicle's motor can be started, the driver first must blow into the device.  If alcohol is detected in the driver's breath, the device prevents the engine from being started.

If you are required to have an ignition interlock installed, YOU MUST NOT DRIVE A VEHICLE WITHOUT AN IGNITION INTERLOCK DEVICE INSTALLED.

There are many ways to attempt to avoid having to pay for and install an ignition interlock.  Having an attorney assist you with your driver's license issues and your criminal case helps you to protect these important rights.

For a free consultation with an expert attorney on Driver's License and DUI issues, contact Lorenzo Miller at (385) 232-5456.

If you meet the any of the conditions listed below, you are expected to know you are a restricted driver and may not receive notice from the court or the Driver's License Division.  Your physical driver's license may not show that you are Ignition Interlock Restricted!  Law enforcement has access to see the Ignition Interlock Restriction on the state computer and may issue a citation even if you do not show the restriction on your card.

You must have an ignition interlock if:

• You have been ordered by a court or the Board of Pardons and Parole as a condition of probation or parole not to operate a motor vehicle without an ignition interlock system;
• You were convicted for first DUI within the previous 18 months and was over the age of 21 when they committed the offense;
• You were convicted for a first DUI within the previous 3 years and was under the age of 21 when they committed the offense;
• You were convicted of a second or subsequent DUI (that is not a felony) within the previous 10 years;
• You were convicted of a felony DUI within the previous six years;
• You were convicted of an automobile homicide;
• You were convicted of driving without an ignition interlock within the previous three years;
• You have had his or her license revoked for refusal to submit to a chemical test within the previous three years.

There are many ways to attempt to avoid having to pay for and install an ignition interlock.  Having an attorney assist you with your driver's license issues and your criminal case helps you to protect these important rights. 

For a free consultation with an expert attorney on Driver's License and DUI issues, contact Lorenzo Miller at (385) 232-5456.

• Eighteen (18) months for a first DUI for a driver 21 years of age or older at the time of offense;
• Three (3) years for a first DUI for a driver under 21 years of age at the time of offense;
• Three (3) years for an interlock restricted driver violation;
• Three (3) years for a second or subsequent DUI, or alcohol related reckless offense, impaired driving offense, metabolite offense or driving with a measurable amount of controlled substance in the body and causing serious bodily injury or death within 10 years;
• Three (3) years for an arrest for refusal to submit to a chemical test;
• Six (6) years for a felony DUI
• Ten (10) years for automobile homicide.

For a free consultation with an expert attorney on Driver's License and DUI issues, contact Lorenzo Miller at (385) 232-5456.

Maybe not. There is a very limited exception for driving an employer vehicle while you are doing work for that employer.  You should consult an attorney before relying on this exception.

For a free consultation with an expert attorney on Driver's License and DUI issues, contact Lorenzo Miller at (385) 232-5456.

• Under Utah law, a violation of the ignition interlock condition is a Class B misdemeanor.  It requires that you personally appear in court and, if convicted, you could pay a fine of up to $1,850.00 and the judge has the option of sentencing you to 180 days in jail.  Although the judge has this option, the recommended fine for this violation is $623.00.

• If a driver is convicted for operating or being in actual physical control of a motor vehicle in this state without an ignition interlock device, their driving privilege will also be revoked for a period of one year from the conviction date.

If you are charged with driving without an ignition interlock, you should seek legal counsel to help you protect your rights and your ability to drive.

For a free consultation with an expert attorney on Driver's License and DUI issues, contact Lorenzo Miller at (385) 232-5456.

Although you are not currently licensed in the state of Utah, your privilege to drive in the state of Utah is affected by both of these laws and you will be required to obey these restrictions while driving anywhere in Utah.

For a free consultation with an expert attorney on Driver's License and DUI issues, contact Lorenzo Miller at (385) 232-5456.

If you are arrested or cited for DUI, the officer is required by Utah law to seize and impound the vehicle.  The fee for vehicle impounds is $330.00 and you will pay a storage fee for every day your vehicle is impounded.  In order to avoid excessive impound fees, you should retrieve your vehicle as soon as possible.

For step-by-step instructions on retrieving your vehicle, click here.

If you do not retrieve the vehicle within 30 days the state may take legal procedures to sell the vehicle.

An experienced defense attorney can also assist you with retrieving your vehicle and explain this process to you.

If you would like to speak to an attorney for a free consultation, call Lorenzo Miller (385) 232-5456 for assistance.

Maybe. If you are ultimately not convicted of DUI and your license is not suspended, you may be entitled to receive a refund of the $330 reinstatement fee. The DMV will refund the fee ONLY if the vehicle owner provides evidence or documentation for one of the following situations:

1. Proof of duplicate payment.
2. The owner filed a bona fide stolen vehicle report with a police agency and submits a copy of the police report with the refund request within 30 days of the date of the impound.
3. The owner submits a letter from the Driver License Division stating that the operator's driver license will not be revoked or suspended as a result of this incident. The refund request must be submitted within 30 days of the date of the Driver License Division letter.
   1. The vehicle owner must attach a copy of the required documents to the completed Form TC-542, "Request for Refund of DUI Administrative Impound Fee", and mail to:  Utah State Tax Commission Attn: DMV Accounting 210 N 1950 W, Salt Lake City, UT 84134
4. Upon receipt of your request and the supporting documentation, the Commission will process the refund request through the Department of Finance. The Department of Finance will issue the refund check to the mailing address indicated on the Form TC-542. Please allow 6 - 8 weeks from the date received for processing.

An experienced defense attorney can also assist you with retrieving your vehicle and explain this process to you.

If you would like to speak to an attorney for a free consultation, call Lorenzo Miller (385) 232-5456 for assistance.

Yes.  Under Utah law, a person can get a DUI on private property, on state park property, roads, even sitting in your car while it is in your driveway. The officer only has to show that you are the person in control of a vehicle and you are impaired or over a .08.  I've prosecuted many cases where a person gets into their parked car to sleep it off, starts the car to keep warm and ends up with a DUI!

To determine whether you were "in control" of your car, the courts look at a lot of factors including where the keys are, where you were seated, what led up to you getting into the car, whether the car was operational and a lot of other issues.

If you decide you shouldn't be driving, pull over, put your keys in the trunk or glovebox and get into the back seat to sleep.  Don't just lay the driver's seat back and go to sleep! If an officer stops to question you, remember to be polite when you talk to him.  But if you are on private property, all you are required by Utah law to do is give him your name, you do not have to give him your driver's license, registration and insurance and you do NOT have to get out of your car and take field sobriety tests.

If this has happened to you, it is important that you talk to an attorney as soon as possible after your arrest.  

For a free consultation, contact defense attorney Lorenzo Miller at (385) 232-5456 to discuss your questions and find out your rights.

Yes. All the officer has to do is find sufficient witnesses to state you were in control of the vehicle. However, just because you have been arrested for DUI, does not mean that the officer and the prosecutor can prove you were driving.  At trial, the government must prove beyond a reasonable doubt that you were in fact operating the vehicle or in actual physical control.

The most important thing to remember in this situation is that the police officer investigating the case will try to get you to admit you were driving.  Anytime an officer investigating you for a crime tries to ask you questions, you should seek legal counsel before making any statement.  You have the right to remain silent, exercise it!

If you have been arrested for DUI and have questions about whether you may have a defense, you should seek expert legal advice.  As an ExProsecutor, Lorenzo Miller understands how the prosecution thinks and how they will approach this type of case.  He can provide you with the expert legal representation you need to protect your rights.

For a free consultation with defense attorney, Lorenzo Miller, call him at (385) 232-5456.

Yes. However, arrest does not mean conviction!  In order to convict someone of DUI, the prosecution must prove that the person was operating or in actual physical control of the vehicle.  To do so, the court will consider numerous factors including: where the person is sitting, where the keys located, whether the engine is running, whether there are other people in the car; whether the engine is warm or cold, whether there are witnesses who can identify the driver.

I recently saw a case where a 21 year-old had a fight with his parents so he leaves the house, stops at a convenience store to grab a six-pack of beer and drives down a deserted dirt road to relax.  He pulls out his portable DVD player, puts on a movie and drinks his beer.  A police officer finds him asleep behind the wheel of his car with the DVD player in his lap and the keys in the ignition.  He was arrested for DUI.  Luckily I was able to negotiate a reduction of his charges in court.  But this was a case where knowing how the prosecution thinks was a benefit to my client.

If you were arrested for DUI while you were just sitting in your car, you should seek expert legal assistance with your case.  An ExProsecutors' understanding of the law and the mindset of cops and prosecutors can be your advantage.

For a free consultation with defense attorney, Lorenzo Miller, call him at (385) 232-5456.

It depends. There is no one answer to this question.  Commercial driver licenses are different from non-commercial licenses and different rules apply.  Generally the CDL disqualification for a first offense is one year and three years on a second or subsequent offense.  Additionally, the interlock requirements and/or other probation requirements resulting from a DUI may prevent companies and employers from hiring you or continuing your employment.  You should seek specific legal advice if you have a CDL and are accused of DUI.

It is important to note that if you are operating a commercial vehicle at the time of the arrest, the legal BAC is .04 and not .08.  Additionally, if you are carrying hazardous materials at the time, the disqualification may be for three years, not one, and on any subsequent offenses it maybe for life!

If you were arrested for DUI and you have a CDL, you should seek expert legal assistance with your case.  An ExProsecutors' understanding of the law and the mindset of cops and prosecutors can be your advantage.

For a free consultation with defense attorney, Lorenzo Miller, call him at (385) 232-5456.

Yes. This is a common practice among law enforcement officers, especially the Utah Highway Patrol.  Unless you really do not care about your driving privileges, do not refuse a chemical test if it is a first or second DUI.  If you do refuse, you may lose your license for 18 months or more regardless of what happens in the criminal case. Instead, I would advise individuals to never submit to field sobriety tests, including the handheld PBT, prior to an arrest, but to blow when requested on a first or second DUI.  It is better to fight the basis of the arrest and not lose a license for 18 months or more.  On felony DUIs, the loss of your driving privileges is far less restrictive than prison or jail.

If you were arrested for DUI, you should seek expert legal assistance with your case.  An ExProsecutors' understanding of the law and the mindset of cops and prosecutors can be your advantage.

For a free consultation with defense attorney, Lorenzo Miller, call him at (385) 232-5456.

Yes. Individuals under the age of 21 may lose their driving privileges for 120 days or until age 21 on a first DUI offense and for two years or until age 21 on any subsequent DUI offenses.  Additionally, under age drivers may be cited as alcohol-restricted drivers and/or for possession or consumption of alcohol under age.  Both of these charges can also result in further driver license suspensions and criminal penalties. 

If you were arrested for DUI, you should seek expert legal assistance with your case.  An ExProsecutors' understanding of the law and the mindset of cops and prosecutors can be your advantage.

For a free consultation with defense attorney, Lorenzo Miller, call him at (385) 232-5456.

Yes. The general wisdom is that you have to be over a .08 breath alcohol concentration or BAC before you can be convicted of DUI.  This is NOT true.  The law allows the cops and prosecutors to ignore the BAC altogether and prosecute someone if they can show the driver could not safely operate the vehicle.

If you were arrested and your BAC was under a .08, the assistance of an expert defense attorney can make the difference between jail and a dismissal.

The attorneys at ExProsecutors know the tactics used by your prosecutor and will counter those tactics to work to see that you are not wrongfully convicted of DUI.

For a free consultation with defense attorney, Lorenzo Miller, call him at (385) 232-5456.

Yes.  Vehicle is defined as a device in, on, or by which a person or property is or may be transported or drawn on a highway, except devices used exclusively on stationary rails or tracks.  The legislature has also extended this definition specifically for DUIs to include boats and off-road vehicles.

In 1986 a Utah defendant was convicted of DUI after he and a buddy rode their horses home after having a few beers!  Fortunately the Utah Supreme Court found that the trial court had wrongfully applied the law and overturned the conviction.

However, I have seen DUIs come to court riding a bicycle, a dune buggy, even driving a tractor!  Remember, if you are in control of a vehicle and are impaired, you risk a DUI conviction.  For more information about DUIs on private property read the ExProsecutors article.

If you have questions about whether you were wrongfully arrested for DUI because you were not in a vehicle, you should seek expert legal advice.  The defense attorneys at ExProsecutors, understand this law and can help you with your case.

For a free consultation with defense attorney, Lorenzo Miller, call him at (385) 232-5456.

The 3^rd offense; serious bodily injury; prior felony DUI; or death.  Under Utah law a person who commits a third DUI in ten years from the first offense may be charged with a felony DUI.  Furthermore, under 41-6a-503, a person may be charged with a felony if the DUI causes serious bodily injury upon another as a proximate result of having operated the vehicle in a negligent manner.  Additionally, if there are prior convictions for (i) automobile homicide under Section 76-5-207 or (ii) a felony violation of Section 41-6a-502.

If you have been charged with a felony DUI you should seek immediate legal assistance from a skilled attorney.  The defense attorneys at ExProsecutors, understand this law and can help you with your case.

For a free consultation with defense attorney, Lorenzo Miller, call him at (385) 232-5456.

Penalties assessed against a Utah driver charged with a DUI may vary. A DUI lawyer can provide specific information about your DUI case. General information is provided below for Utah DUI penalties.

 First DUI Offense

• 48 hours in jail or potential 48 hours of community service,
• Fines up to $1,405
• Driver’s license suspension of 120 days (18 months if you refuse to take the chemical test)
• Mandatory alcohol course
• Requirement that you install an ignition interlock
• No alcohol restriction on your license for 2 years

Second DUI Offense Within 10 Years

• 240 hours in jail or potential 240 hours of a work service program or home confinement
• $1,616
• Driver’s license suspension for 24 months (36 months if you refuse to take the chemical test.
• Mandatory Ignition Interlock Device for 3 years if the DUI conviction is with in 10 years of the previous DUI conviction
• No alcohol restriction on your license for 10 years.
• Mandatory alcohol abuse screening, assessment, education and treatment programs

Third DUI Offense becomes a third degree felony with the potential of 5 years in prison and extensive fines.

If you have been arrested for DUI and have questions about whether you may have a defense, you should seek expert legal advice.  As an ExProsecutor, Lorenzo Miller understands how the prosecution thinks and how they will approach this type of case.  He can provide you with the expert legal representation you need to protect your rights.

For a free consultation with defense attorney, Lorenzo Miller, call him at (385) 232-5456.

Yes.  Under Utah law, in order to retrieve your car from impound after a DUI, the owner must show proof of ownership and pay the impound fee.  The law requires that the fee be paid but does not demand that the person driving the vehicle at the time of the impound pay the fee.  If your friend can't (or won't) pay the impound fee, you will be required to pay the fee yourself.