The BAC level changes from .08 to .05, click here for more information.
If you were ARRESTED for DUI, what happens next (some or all may apply):
- Your driver license was confiscated by the arresting officer and replaced with a citation that serves as a temporary license that expires in 29 days.
- Your vehicle was more than likely impounded, click here to find out how to retrieve an impounded vehicle.
- You should request a hearing within 10 days and fax the form to the Driver License Division at 801.964.4499.
- You can seek legal counsel to represent you in your driver license hearing and also your court appearance.
- Your privilege to drive may be withdrawn on the 45th day after the date of arrest.
- Any person being convicted of a DUI alcohol violation will be ignition interlock restricted. If under 21 at the time of arrest it is for 3 years; if 21 and older it is for 18 months.
- Alcohol restricted driver information, read if you have been convicted or sanctioned.
**It is important to understand that there are two sides to every DUI arrest. The administrative side of the arrest is dealing with the Utah Driver License Division; the criminal side of the arrest is dealing with the court in the county of arrest. One or both sides may take action. Stay informed by requesting your DLD hearing (within 10 days of arrest) and talking with the hearing officer.
Suspension times will vary depending on age and number of offense
Driver 21 or older at the time of arrest, the following suspension periods will be imposed for a first offense:
- Per-Se arrest – 120 days
- Refuse to submit to a chemical test – 18 months
Driver 21 or older and has 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
Driver under the age of 21 the suspension periods for drivers based on actions for a Per-Se arrest under UCA 53-3-223 or a Not-a-Drop arrest under UCA 53-3-231. These actions are administrative in nature, and are not based on a criminal conviction of DUI, but the arrest report itself.
Suspension periods for DUI and metabolite court convictions will remain the same; however, the individual may petition the court for a shortening of the suspension period for a first offense for a violation of 41-6a-502 (DUI) or 41-6a-517 (metabolite) if certain conditions have been met.
Driver under the age of 21 at the time of arrest and refuses to submit to a chemical test, the license will be revoked until the person is 21 years of age or for a period of 2 years, whichever is longer.
Driver under the age of 21 at the time of arrest, the following suspension periods will be imposed 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
The court can reduce the driver license suspension period for a second or subsequent minor alcohol consumption or possession suspension or minor in a bar suspension if the person certifies to the court that they have not consumed alcohol for a concurrent period of at least one year during the suspension period. Must have a court order for reduction of the suspension.
An individual who has had their license suspended or denied for a Not-a-Drop Arrest (driving with a detectable amount of alcohol in the body) is required to obtain an assessment and recommendation for appropriate action from a substance abuse program in order to reinstate their driver license.
An individual can request an assessment through the local substance abuse authority programs. If the assessment results in no further recommendation by the Local Substance Abuse Authority, the assessment will be accepted for license reinstatement once the suspension period is over.
If the Local Substance Abuse Authority recommends further action such as education or treatment, the recommended action must be completed prior to reinstatement of the license, and both the assessment from the Local Substance Abuse Authority and evidence of completion of the recommendations must be submitted to the division prior to reinstatement of the license.
The Division will also accept evidence of completion of a Prime for Life DUI class in lieu of an assessment and completion from the Local Substance Abuse Authority. Please visit the Department of Human Services, Division of Substance Abuse and Mental Health web page for a list of agencies certified to provide the prime for life DUI class.