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DUI


If you were arrested for DUI, what happens next (some or all may apply):

  • Your vehicle was more than likely impounded; click here to find out how to retrieve an impounded vehicle.
  • You should request a hearing within ten (10) days of arrest by completing this form.
  • You may seek legal counsel to represent you in your Driver License Division hearing and your court appearance.
  • Your driving privilege may be withdrawn on the 45th day after the date of arrest.
  • Any person convicted of a DUI alcohol violation will be ignition interlock restricted. If under 21 at the time of arrest, it is for three (3) years; if 21 and older, it is for 18 months.
  • Alcohol-restricted driver information (read if you have been convicted, suspended, or revoked.)

**It is essential to understand that there are two (2) sides to every DUI arrest. The administrative side of the arrest deals with the Utah Driver License Division; the criminal side of the arrest deals with the court in the county of arrest. One or both sides may take action. Stay informed by requesting your DLD hearing (within ten (10) days of arrest) and talking with the DLD 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 resulting in an administrative revocation – 18 months
  • A conviction for a refusal to submit to a chemical test – 18 months

Driver 21 or older at the time of arrest, the following suspension periods will be imposed for a second or subsequent offense:

  • Per-Se arrest – 2 years
  • Refuse to submit to a chemical test resulting in an administrative revocation – 36 months
  • A conviction for a refusal to submit to a chemical test – 36 months

Driver under the age of 21, the suspension periods are based on actions for a Per-Se arrest under UCA 53-3-223 or a Not-a-Drop arrest under UCA 53-3-231.

Suspension periods for DUI and metabolite court convictions will remain the same; however, the driver may petition the court for a shortening of the suspension period for the first offense for 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, the following suspension periods will be imposed for a refusal:

  • Refuse to submit to a chemical test resulting in an administrative revocation – until the person is 21 years of age or for two (2) years, whichever is longer
  • A conviction for a refusal to submit to a chemical test – until the person is 21 years of age or for two (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 – six (6) month suspension effective 45 days from the arrest date
  • Per-Se arrest – six (6) month suspension effective 45 days from the arrest date

The court can reduce the suspension period for a second or subsequent minor (under the age of 21) alcohol consumption; 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 (1) year during the suspension period. Must have a court order for the 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) must obtain an assessment and recommendation for appropriate action from a substance abuse program 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 Driver License Division prior to reinstatement of the license.

The Driver License 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.