Utah DUI & Your License
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 andOgden 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 forget to fax the number you were provided, you risk suspension due to an 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 or Ogden Criminal Defense Lawyer should have additional training, positive 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.
Utah DUI & Your License
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.