A Utah DUI arrest sets two separate cases in motion. One is the criminal case in court. The other is an administrative action against your driver license, run by the Utah Driver License Division (DLD) — a division of the Department of Public Safety, not a court. This page explains the license hearing, what it can and can't do for you, and why, in most cases, I handle it without having you attend or testify.
The 10-day deadline comes first. Under Utah Code § 53-3-223, you have only 10 calendar days from the date of the officer's notice to request this hearing. Miss it, and your license is scheduled for automatic suspension no matter what happens in criminal court. Requesting it on time is one of the first things I do in every case — so call before the window closes.
It is not a trial, and it is not held in front of a judge. It is an informal administrative hearing conducted by a DLD hearing officer — an employee of the Division. In practice these hearings are almost always held by telephone. There is no jury, no courtroom, and the rules are far looser than in a criminal case.
The hearing covers only three narrow questions
By statute, the hearing is limited to:
- Whether the officer had reasonable grounds to believe you were driving under the influence;
- Whether you refused a chemical test; and
- The test results, if any.
Notice what is not on that list: your side of the story, why you had a hard day, or anything about your character. The hearing officer has no authority to weigh those things — which is a big part of why putting you on the phone to explain rarely helps and often hurts.
- The request: We ask for the hearing in writing within the 10-day window. The officer keeps your license and you are typically issued a temporary permit to drive in the meantime.
- Scheduling: Under the current statute, the Division sets the hearing to occur within about 45 days of the arrest, usually by phone.
- The hearing: It is short and informal. The arresting officer may be present — and the Division can require the officer's attendance — so this is not a proceeding you can count on winning simply because a witness doesn't show up.
- The decision: You don't find out on the spot. The hearing officer issues a written decision by mail, generally about 5 to 10 days later.
- If we prevail: the administrative suspension does not take effect. If we don't, or if no hearing is requested: the suspension is scheduled to begin roughly two months after the arrest (currently the 60th day) — 120 days for a first offense, or two years for a second or subsequent offense within 10 years.
A losing decision can still be challenged: Utah Code § 53-3-223 allows a petition for judicial review in district court, generally within 30 days after the Division issues its suspension order.
Clients are often surprised to hear that I typically handle this hearing without them on the line. That is a deliberate strategy, and here is the reasoning.
The hearing is documented, and it happens while your criminal case is still wide open. Anything you say can find its way into the hands of the prosecutor and be used against you in court. There is rarely a good reason to hand the State a sworn or recorded account of your own arrest before we've even seen all the evidence.
Because the hearing is limited to the three narrow legal questions above, your explanation of the evening simply isn't relevant to what the hearing officer decides. The issues that actually matter — the legality of the stop, the officer's grounds, how the test was administered — are ones I address through the record, the reports, and cross-examination, not through your testimony.
These hearings are run by the same agency that is trying to suspend your license, and in my long experience the hearing officer rarely finds a driver's account persuasive enough to change the outcome. Betting your criminal case on talking your way through an administrative phone hearing is a poor trade.
Put simply: there is little to gain and a great deal to lose. Your license case is important, but your criminal case — where jail, fines, and a permanent record are on the line — is where the real fight is. I will not risk the larger case to make a speech at the smaller one.
Choosing not to put you on the phone is not the same as giving up the hearing. I request it in every case to protect your license and your deadline, and then I use it as a tool that works for you rather than against you:
- I protect the 10-day deadline so your driving privileges aren't lost by default.
- Where it helps, I use the hearing to lock in the officer's version of events early — testimony that can be valuable later in the criminal case.
- I preserve the legal challenges to the stop, the arrest, and the testing without exposing you to questioning.
- And I keep the focus where it belongs: on defending the criminal charge that actually carries the heaviest consequences.
The 10-day license deadline can pass before you've even had time to think. If you've been arrested for DUI in Utah, call now so I can protect your license and start building your defense.
This article is provided for general educational purposes only and reflects Utah Code § 53-3-223 as amended in the 2026 general session. It is not legal advice and does not create an attorney-client relationship. Deadlines, procedures, and penalties depend on the specific facts of your case and can change. For advice about your situation, consult a licensed Utah attorney.