DUI & Your Liscense

After you have been pulled over and the thought quickly settles in the

knowledge that you have been charged with a DUI don’t panic just yet. There

are American Fork Criminal Defense Attorney and Ogden Criminal Defense

Attorney that have defended many in DUI cases. Many Attorney’s will do the

drivers licensing hearings for you in an effort to preserve your licensing

privileges. If you miss a deadline or fax to the number you can risk suspension

due to administrative error.

The rules are not forgiving and they are often complex. Unlike other criminal

cases, DUI defense is a specialized type of defense. Not just any attorney can

or should represent you. The American Fork Criminal Defense Lawyer should

have additional training, case resolution history experience and a good working

relationship with the prosecutor.

After a DUI has occurred it is imperative that a hearing is requested with the

Drivers License Division. This must be done within 10 days after the DUI was

issued. That is NOT ten working days. It is ten consecutive days including

holidays and weekends. The rules are very specific. If the request timeline is

missed that is virtually nothing you can do. Occasionally an individual will be

allowed to request a review for a late hearing. These requests are rare and are

generally not granted. Remember, you can fax or take down your hearing

request to the Driver License Division in person, but do not miss that ten day

deadline. I recommend you go the day after and just get it done.

One very important step to take is to get all of your reports. In the

State of Utah you are entitled to all of the reports for your DUI. This

includes any testing, results, video, reports, etc. If you don’t ask for it

you run the risk of going into the hearing without adequate time to

review all of the evidence that will be used at the hearing.

After you have reviewed all of the information it is important to decide which

items don’t make sense to you. Choose your battles wisely. Make sure you ask

the right questions during your hearing. If you believe that a procedure was

done incorrectly ask the officer where his or her training was and to describe

each test and the procedure. You can even ask how many times he or she has

performed the tests. If you are looking for facts it will not irritate the hearing

administrator. If you begin accusing and being rude, insubordinate or unable

to follow the rules the hearing officer will likely move on and that could hurt

your case. Make sure you do your homework and you are sure of the problems with

the case.

If all else fails and you loose with the Driver’s License Division, you have the

right to appeal. A few weeks after you have the hearing you will get a notice in

the mail. It will include the date your driver’s license will be suspended if this

is your first DUI. You can request a review but it must be done in writing and

must be done before it is suspended. If you get the review letter back saying

that they are still suspending you do have options. You can appeal to the local

district court and have your case heard in front of a judge instead of a hearing

officer. You should probably be aware that in Utah the AG’s office will usually

take the case and the prosecutor in charge of these cases is very skilled and

talented as well as aggressive so be careful going in not represented by an

attorney.

In the end if you lose the appeal you still have rights to take your case before the

Court of Appeals and the Supreme Court but do know that there has to be

something very wrong with your case for you to win at that level.

It is very important to remember that the Drivers License hearing is separate from

your criminal case. While the information between the two will involve the same

incident and evidence they are handled separately at the beginning. Having a

knowledgeable attorney with experience and the ability to represent you is paramount.

If you or someone you know is facing a DUI help is only a phone call away. It’s worth

the call for peace of mind and some advice on how to regain traction in your case.

Contact Us Today:

OGDEN OFFICE

298 24TH ST #205

OGDEN UT

84401

P: 801.436.5757

AMERICAN FORK OFFICE

76 N. MERCHANT ST.

AMERICAN FORK, UT 84003

P: 801.641.2933

www.stevensgailey.com