In Utah, a DUI arrest equals an automatically suspended license. If you've been cited for DUI in Utah, the most important thing you can do- whether this is your first offense or not- is to remember that you only have ten days to request your driver's license hearing. If you go beyond ten days, it won't necessarily be impossible for you to get a hearing, but it will be very difficult! If you wait more than ten days, you will have to show a "likelihood of prevailing" if you want to get a driver's license hearing. You will have to write a late hearing request and show that is likely that you will prevail in the hearing in order to qualify.
Don't Fail to File for Your Driver's License Hearing
At Utah Law Aid, our DUI attorneys routinely encounter clients who neglect to file for their driver's license hearings based on the reasoning that they know they are guilty and filing a hearing would either be wrong or a waste of time. This is faulty thinking!
You need to do whatever you can to protect your driving privilege. Even though driving is a privilege and not a right; how will you function in the state of Utah without a drivers license! Getting to work, getting the kids to and from school, and doing all of the other things that you normally do will be quite difficult without a drivers license.
You Might Be Able to Keep Your License
Another reason why it's so important to file for a drivers license hearing within ten days after being cited for DUI is that doing so is a great way to gather evidence about your case and find out what the arresting officer's attitude is about your case. If the officer doesn't show up at your driver's license hearing, you will get your license back, at least temporarily. If you wind up getting convicted on the DUI, it might get suspended then. But at least you'll have your license back for now!
Yet another reason why filing for a drivers license hearing is so important is that, if you are able to keep your license at the hearing and the facts of your case allow us to negotiate it to a resolution that's not a DUI (for example, impaired driver), you will never lose your license on a first offense. However, if it's your second impaired driver within twelve months, then you will lose your license!
How to File if You've Been Charged with DUI in Utah
You can request Your Drivers License Hearing by yourself if you wish to. Just be sure that you are within that ten-day period and that you fill out the proper form completely. Once the form is completed, simply fax it to the number in the upper righthand corner of the form. Be sure to follow up your fax with a phone call and ask for the name of the person who received your fax and when they received your fax.
If you don't want to leave anything to chance, you can call Utah Law Aid and let us help you. We can assist you in filling for your hearing, or we can just file it on your behalf. We help people get out from underneath DUIs in Utah all the time, and we might be able to help you!Utah Dui
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