Criminal Defense Lawyer Jake Gunter
Have you been charged with a Utah criminal charge that carries a mandatory driver license suspension, revocation, or denial period? How can you avoid having your driver’s license suspended? How can you get your license reinstated after the suspension period has run? Is there any opportunity to have a restricted license while you are serving your suspension period?
Many answers to Utah’s driver’s license sanctions are found in the Utah Uniform Driver’s License Act. Utah Code Ann. 53-3-201 (2017). Driver’s license sanctions are popular legislative items with the Utah State Legislature and this article is good as of 2017. You should consult with a Utah criminal defense attorney for specific, current guidance on your Utah driver’s license.
Here are the common ways to get your Utah driver’s license suspended, revoked or denied.
Drug Charges—6 Month Suspension. Utah Code Ann. 53-3-220(1)(c). As of 2023 there are new ways to avoid getting your driver’s license suspended on basic drug charges.
(A) Possession, sale, manufacturing of illegal drugs or the attempt to do so when convicted of Attempt. Utah’s drug crimes statute is found at Title 58, Chapter 37, Utah Controlled Substances Act;
(B) Drug paraphernalia possession. Utah’s drug paraphernalia statute can be found at Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
(C) Possession, sale, manufacturing of imitation drugs. Utah’s imitation drug statute can be found at Title 58, Chapter 37b, Imitation Controlled Substances Act;
(D) Illegal drug labs. See Title 58, Chapter 37d, Clandestine Drug Lab Act; or
(E) A current read of the statute at Utah Code 53-3-220 is in order to check for any updates or retroactivity situations. Attempt convictions and conspiracy convictions will equally suspend your license.
Stealing Gas—Up to 90 Days. Utah Code Ann. 53-3-220(1)(d) (2017)
(A) The sentencing judge has discretion to suspend your license up to 90 days for being convicted of stealing gasoline. See Utah Code Ann. 76-6-404.7. Theft of motor vehicle fuel.
Minor Possession of Alcohol. One to Two Years. Utah Code Ann. 53-3-220(1)(e) (2017)
(A) Getting busted drinking alcohol as a minor does not go well for your Utah driver’s license. It will be suspended for one year for the first offense and two years for the second offense, within ten years. The result is similar if you are a minor under 18 years old and are adjudicated in the Utah Juvenile Court system.
(B) Your license will be suspended for one year for your first alcohol offense as a minor under 21 years old. Your license will be suspended for two years for y our second alcohol offense that occurs within a ten year period.
(C) You can seek a reduction of your one year suspension by taking and providing proof to the sentencing court that you have participated in substance abuse training. If you are serving a two year driving license suspension, you can provide the court with sworn statements that you are “alcohol free” for at least one year and the sentencing court may consider a reduction in your suspension period.
Custodial Interference. Up to 180 Days Depending. Utah Code Ann 53-3-220(1)(a)(xvii) (2017)
Custodial Interference is a crime of domestic violence under Utah’s domestic violence laws. Custodial Interference charges can be found at Utah Code Ann. 76-5-303 (2017).
Drunk Driving (“DUI”). 120 days. Utah Code Ann 41-6a-502 (2017).
Utah’s court system produced a DUI Sentencing Matrix that is updated and very helpful in seeing the most current DUI sentencing sanctions. Just be aware there are driver’s license sanctions for the following offenses that deserve close attention.
(A). Drunk Driving. (B). Metabolite DUI. (C). Interlock Violations. (D). Refusal to blow on a Breathalyzer machine, or refusal for a blood draw. (E). 19-21 DUI driver license sanctions. (F). 15-19 DUI driver license sanctions. (G). Alcohol Restricted Drivers—Not a Drop. (H).
See the chart below.
| UTAH DUI SENTENCING MATRIX (Current as of June 2012) | |||
|---|---|---|---|
| Court-Ordered Sentecing | Misdemeanor DUI | Felony DUI | |
| First Offense | Second Offense w/in 10 years | ||
| CLASSIFICATION (S41-6A-503) |
CLASS B MISDEAMENOR CLASS A MISDEAMENOR
|
CLASS B MISDEAMENOR CLASS A MISDEAMENOR
|
THIRD DEGREE FELONY
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| Jail SHALL Order: (S41-6A-505) |
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| Fine SHALL Order: (S41-6A-505) |
|
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| Screening, Assessment, Education Series, Treatment (S41-6A-505) |
SHALL Order:
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SHALL Order:
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SHALL Order:
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| Probation3 (S41-6A-507) |
|
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| Ignition Interlock4 (S41-6A-518) (S41-6A-530) |
|
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| High BAC (.16 or higher) (S41-6A-505) |
|
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| License Supsension (S41-6A-509) |
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1 A person is guilty of a separate offense for each victim suffering bodily injury, serious bodily injury or death, whether or not the injuries arise from the same episode of driving.
2 See S41-6A-506 for Electronic Home Confinement provisions
3 Supervised probation is also required for all violations of S41-6A-517 (driving with any measurable controlled substance in the body)
4 Adoption of the interlock restricted driver (IRD) provisions (S41-6A-518.2) does not change the obligation of judges to impose interlock as condition of probatoin 5Alcohol restricted
Drive Source: Utah DUI Sentencing Matrix (2011)
| SERIOUS TRAFFIC OFFENSES | |||||
|---|---|---|---|---|---|
| PRIOR RECORD | DUI, DUI with injury, and DUI with Minors in Vehicle (UCA 41-6A-502) |
Impaired Driving (UCA 41-6A-502.5) |
Revocation (UCA 53-3-227) |
Hit & Run (UCA 41-6A-401) |
No Insurance No Proof of Insurance (UCA 41-12A-302 & 41-12A-303.2) |
| 3 or More Offenses |
|
Not Applicable | Not Applicable |
|
Not Applicable |
| 2nd Offense |
|
Not Applicable | Not Applicable |
|
Salutatory Mandatory Minimum $1,000.00 |
| 1st Offense |
|
Class B: $1,420.00 | Class B: $790.00 |
|
Salutatory Mandatory Minimum $400.00 |
Amounts included surecharge and security charge
For Purpose of DUI Law, prior offense means conviction withing the last 10 years
Other Utah Criminal Convictions. Utah Code Ann. 53-3-220(1) (2017)
(A). Manslaughter or Negligent Homicide. If these convictions result from driving a motor vehicle, your license will be suspended.
(B). Perjury. Perjury or the making of a false affidavit in relation to getting a driver’s license, registration or other statements to the State of Utah.
(C). Motor Vehicle Felonies. Any felony under the motor vehicle laws of this State.
(D). Car used in Utah Felony. Any other felony in which a motor vehicle is used to facilitate the offense;
(E). Failure to Stop at Accident Scene Involving Injuries. Failure to stop and render aid as required under the laws of this state if a motor vehicle accident results in the death or personal injury of another;
(F). Failure to Stop Car at Officer’s Command. Failure to bring a motor vehicle to a stop at the command of a peace officer as required in Section 41-6a-210 (2017). A one year revocation of your driver’s license.
(G). Shooting a Gun from your Car. A felony violation involving discharging or allowing the discharge of a firearm from a vehicle.
(H). Using Explosives from your Car. Using, allowing the use of, or causing to be used any explosive, chemical, or incendiary device from a vehicle.
(I). Drag Racing/Speed Contest. Engaging in a motor vehicle speed contest or exhibition of speed on a highway. (i). 60 days for a first offense; and (ii). 90 days for a second offense within three years of a prior offense.
UTAH STATE DRIVER’S LICENSES FOR MINOR CHILDREN
When a minor child under 21 years old, or under 18 years old is charged with Utah criminal offenses that may affect his driving record, a close look at the various statutes is in order.
Provisions for minor children are found in the Utah Juvenile Act, the Utah Driver’s License Act at Utah Code Ann. 53-3-219 (2017) and in the various criminal offenses charged.
If your child is charged with a Utah criminal offense, an experienced Utah criminal defense attorney is warranted. There are several provisions strewn across the Utah Code that effect a minor’s driver’s license and there are several provisions for obtaining a restricted driver’s license.
CONCLUSION:
