What Happens to Your Utah License After a DUI Arrest: The 10-Day Hearing Deadline
General information, not legal advice. Read the full disclaimer.
Short answer: A Utah DUI arrest starts two cases: the criminal case in court and an administrative case at the Driver License Division (DLD). If you took a chemical test and it showed a violation (or the officer otherwise had reasonable grounds), the officer must, within 24 hours of arrest, give you notice of the DLD's intention to suspend your license. You have 10 calendar days after the officer gives notice to request a hearing, and the DLD must hold it within 45 days of arrest. If you don't ask, or lose, the DLD suspends your license for 120 days beginning on the 60th day after arrest for a first suspension if you're 21 or older (Utah Code § 53-3-223). A second suspension for an offense within the previous 10 years is two years. Under 21: six months for a first suspension.
Who this guide is for
Utah drivers arrested for DUI — in Utah County, Juab County or anywhere in the state — who need to protect their license. Missing the 10-day deadline is the most common irreversible mistake.
The timeline
| Day | What happens |
|---|---|
| Arrest | Officer requests a chemical test, advises you of license consequences, and (if the test shows a violation) gives notice of the DLD's intent to suspend within 24 hours of arrest (§ 53-3-223(3)) |
| Within 10 calendar days of the officer's notice | You must request a hearing with the DLD in the manner the DLD specifies (§ 53-3-223(6)(a)(ii)). The notice tells you how |
| Within 10 days of notice | The officer sends the DLD the citation, a signed report, and any chemical test results (§ 53-3-223(5)) |
| Within 45 days after arrest | The DLD must give you an opportunity to be heard if you requested it |
| Day 60 after arrest | If you didn't request a hearing, or lost, the suspension begins |
What the hearing decides
The hearing is held in the county where the arrest occurred or an adjacent county (unless both sides agree to another). It covers (§ 53-3-223(6)(c)):
- whether a peace officer had reasonable grounds to believe you were driving in violation of the DUI law;
- whether you refused a test; and
- the test results, if any.
The DLD may subpoena witnesses and peace officers. The hearing isn't the criminal trial and has a narrower question. After a hearing, you can file a petition for judicial review within 30 days of the suspension order (§ 53-3-223(8)(b); see § 53-3-224).
Suspension lengths (§ 53-3-223(7))
- 21 or older: 120 days (beginning on the 60th day after arrest) for a first suspension; two years for a second or later suspension for an offense within the previous 10 years.
- Under 21: six months for a first suspension; for later suspensions, until age 21 or two years, whichever is longer.
Getting your license back sooner
Section 53-3-223(7)(b) and (9) allow early reinstatement in certain situations:
- Dismissal of the DUI charge — the DLD reinstates immediately on written verification.
- Reduction of the charge — reinstatement no sooner than 60 days beginning on the 60th day after arrest, on written verification.
- Conviction of impaired driving (41-6a-502.5) while participating in or after completing a DUI court program.
- 24-7 sobriety program or similar program participation reported by the court (§ 53-3-223(9)).
You must pay the reinstatement fees. A DLD administrative fee is voided if you obtain an unappealed decision that the suspension was improper.
If you refused the test
Refusal triggers a revocation with its own hearing process: you must request a hearing in writing within 10 calendar days, or your license is revoked beginning on the 60th day — 18 months if you're 21 or older (36 months with a qualifying prior within 10 years); for under 21, until 21 or two years, whichever is longer (§ 41-6a-521). See Refusing a Breath Test in Utah.
Driving while suspended
Driving while your privilege is suspended or revoked for DUI-related reasons is a class B misdemeanor with a fine at least equal to the maximum for a class C misdemeanor. See Driving on a Suspended License in Utah.
What to do now
- Find the notice the officer gave you and the deadline.
- Request the hearing before the 10th day (call the DLD or use the instructions on the notice).
- Talk to a lawyer about whether to request a hearing and what to argue.
- Keep records of everything you receive.
See also The Utah DUI Process, Utah DUI Penalties and Utah Traffic Tickets and Points.
Frequently asked questions
How long do I have to request a DUI license hearing in Utah?
Ten calendar days after the officer gives notice.
When does the suspension start?
On the 60th day after the date of arrest, for a first suspension if you're 21 or older it lasts 120 days.
Can I drive in the meantime?
Under the statute the suspension begins on the 60th day after arrest, but the officer's notice and the Driver License Division's rules control what you may do until then. Read the notice carefully or ask the Division or your lawyer before driving.
Does a not-guilty verdict end the suspension?
Dismissal of the charge can lead to immediate reinstatement on written verification; talk to your lawyer about your situation.