If you have been charged with a DUI in Utah, one of the hardest parts is simply not knowing what happens next. A criminal case moves through several stages, and each one has its own purpose. This page walks you through the road ahead so you can show up informed and prepared. Not every case involves every stage, and your case may resolve at any point along the way — but here is the full picture.
A quick note before we begin: you do not walk this road alone. At each stage below, my job is to appear with you, do the heavy lifting, and make sure your rights are protected. When in doubt, call the office — never guess.
This is your first appearance in front of the judge. It is usually short, and its purpose is to get your case started — not to decide whether you are guilty.
- The judge confirms the charges filed against you and makes sure you understand them.
- You are advised of your constitutional rights, including your right to an attorney and your right to remain silent.
- The court sets conditions of release (such as bail terms) and any conditions you must follow while your case is pending.
- In most misdemeanor cases we enter a not guilty plea. That is not a claim that "nothing happened" — it is the standard, protective first move that keeps every option open and forces the State to prove its case.
Important — the license deadline: A DUI arrest starts a separate clock with the Utah Driver License Division. You typically have only 10 days to request a hearing to protect your driving privileges. This is handled apart from your criminal case, so contact the office right away — missing it can cost you your license even before court concludes.
This is where most of the real work of a case happens. A pretrial conference is a working meeting — there may be several — where your attorney and the prosecutor review the case and report its status to the judge.
- Reviewing the evidence (discovery): We go through the State's evidence — police reports, body-camera and dash-camera video, breath or blood test records, and the maintenance and calibration history of the testing equipment.
- Finding the weaknesses: This is where a careful review often pays off — a stop without a lawful reason, a test that was not administered correctly, or equipment that was not properly maintained.
- Negotiation: Where it serves your interests, we discuss whether the case can be resolved on favorable terms without a trial.
- Planning the next step: We decide together whether to negotiate, to file motions challenging the evidence, or to set the case for trial.
Cases frequently resolve at this stage. If yours does not, it is because taking the next step is the right call for you — and we make that decision together.
A suppression hearing is where we ask the judge to throw out evidence that was obtained in violation of your constitutional rights. If the judge agrees, the State may no longer use that evidence against you — and losing a key piece of evidence can weaken or even end the State's case.
- We file a written motion explaining why certain evidence should be excluded — for example, that the officer lacked a lawful reason to stop your vehicle, lacked probable cause to arrest, or failed to follow required procedures.
- At the hearing, the officers and any witnesses take the stand and testify under oath. Your attorney cross-examines them, often using the reports and video to hold their account to the record.
- The judge — not a jury — decides whether your rights were violated and whether the evidence can be used.
These hearings are frequently the turning point of a DUI case. A great deal can rise or fall on whether the stop, the arrest, and the testing were done lawfully.
If your case is not resolved earlier, it goes to trial. At trial, the State must prove its case beyond a reasonable doubt — the highest standard in our legal system. You are presumed innocent, and you never have to prove anything. There are two kinds of trial.
Whichever path your case takes, you will know what is coming before we walk into that courtroom. Preparation is the whole game, and we prepare together.
Every case is different, and this page is only a general overview. If you have been charged with a DUI in Utah, let's talk about the specifics of your situation.
This article is provided for general educational purposes only and does not constitute legal advice, nor does it create an attorney-client relationship. Utah law and court procedures change, and the process in your case may differ. For advice about your specific situation, consult a licensed Utah attorney.