YOU NEED TO ACT NOW - You Only Have 10 Days to Request a Driver's License Hearing
Don’t be fooled—just because you may be charged with DUI as a class B misdemeanor, do not think it is considered a low level offense by Utah courts. DUI, unlike many felony offenses, carry many mandatory sentencing factors if you are convicted of DUI including jail time, license suspension, and expensive ignition interlock devices. DUIs, if defended correctly, can be complex and time consuming. DUIs can also be charged as class A misdemeanors and felonies.
At Scott C. Williams, LLC, we investigate every aspect of a DUI investigation and arrest including but not limited to:
Was the stop of the vehicle was legal?
Was the continued detention of the driver legal?
Did the officer conduct the field sobriety tests in compliance with the officer’s training?
Were there other factors that may impact a driver’s performance on the field sobriety tests?
Was the breath testing instrument maintained correctly and is it reliable?
Did the toxicology lab follow protocol during blood and urine testing?
Was the officer certified to operate breath testing machine?
Did the officer administer the breath test in compliance with his/her training?
Was the technician certified to draw blood samples?
Did the officer and court comply with search warrant requirements?
Was any of the investigation captured on surveillance equipment?
If the offense level has been enhanced, are the prior convictions which the government are relying upon sufficient for enhancement purposes?
DUI & Driver's License
An arrest for DUI not only results in a criminal case in court, but it starts an administrative action before the Driver License Division. This aspect of a DUI arrest is separate from the criminal court case, and unlike the court case where the court sets the matter for a hearing automatically, the driver has the burden to request a hearing within 10 days of the arrest/citation to determine whether the driver’s license will be suspended based upon the arrest for DUI. No conviction in court is required for a suspension to be entered by the Division. If a driver does not request a hearing within the 10 day time period, the license will automatically be suspended on the 30th day after the arrest without a hearing. This hearing is the only way to have a chance of not suffering a license suspension after an arrest for DUI. Suspensions can be 120 days, 18 months, 24 months, 36 months, or longer depending on the particular alcohol-related driving history of the driver and circumstances of the case. You may have appeal rights which will be discussed with you. Contact us today and we will request your hearing today. (We think this hearing is critical to DUI defense. Even if you do not contact us before the 10th day after your arrest, you should make sure to request this hearing yourself. You can obtain a request form here.
Our representation includes defending you in the criminal case and at the Driver's License Division. We will monitor your case for criminal court filing so you no longer need to contact the court directly to determine when you need to appear. Contact us for a free phone consultation.