Understanding Your
DLD Hearing
A DUI arrest triggers two separate cases. The DLD hearing determines your driving privileges — and you have only 10 days to request one.
What Is a DLD Hearing?
A DLD hearing — formally called a Driver License Division hearing — is an administrative proceeding separate from your criminal DUI case. It exists solely to determine whether your Utah driver license will be suspended.
When you are arrested for DUI in Utah, two distinct legal processes begin simultaneously. The criminal case is handled by a court and determines whether you are convicted of a crime. The DLD hearing, by contrast, is handled by the Utah Driver License Division and focuses entirely on your driving privileges. One does not automatically control the other.
You must request this hearing within 10 calendar days of your arrest — or within 10 days of receiving the notice of intent to suspend. If you miss this window, your license will be automatically suspended without any hearing.
Critical Deadline: You have only 10 days from your arrest to request a DLD hearing. This deadline is strict. Contact an attorney immediately to preserve your right to challenge the suspension.
Administrative Process
The DLD hearing is civil and administrative — not criminal. Different rules of evidence and procedure apply, and the outcome affects only your license, not your criminal record.
Separate from Criminal Court
Winning your criminal DUI case does not automatically restore your license. Likewise, losing your DLD hearing does not mean you are criminally guilty.
Burden of Proof
The DLD applies a lower standard of proof than a criminal court — which can work against you if you are not prepared.
In a criminal trial, the prosecution must prove guilt beyond a reasonable doubt — a very high bar requiring near-certainty. The DLD hearing operates under a far more lenient standard called preponderance of the evidence, meaning the state needs only show that it is more likely than not that the alleged violation occurred — essentially anything over 50%.
Burden of Proof Comparison
DLD vs. CriminalBecause the bar is lower, it is essential to challenge the state's evidence at the DLD level — contesting the validity of the stop, the breath or blood test, or procedural compliance. An experienced DUI attorney can identify weaknesses that may cause the Division to rule in your favor.
How the DLD Hearing Is Conducted
Unlike a criminal trial, the DLD hearing is informal but consequential. Understanding what happens at each stage helps you and your attorney prepare effectively.
Request the Hearing
Within 10 days of arrest or notice, your attorney submits a written request to the Utah Driver License Division. Filing the request automatically stays (pauses) the suspension while the hearing is pending, allowing you to continue driving on a temporary permit.
Pre-Hearing Discovery
Your attorney requests key documents — the police report, the officer's sworn statement, breath or blood test results, and calibration records for any testing equipment. These records are reviewed for procedural errors, chain-of-custody gaps, or scientific deficiencies that could undermine the state's case.
The Hearing Itself
The hearing is conducted by a DLD Hearing Officer — not a judge. It may be held in person or by telephone. The officer functions similarly to an administrative law judge, reviewing evidence and hearing argument. Rules of evidence are relaxed compared to district court.
Evidence and Testimony
The state may present the arresting officer's sworn statement, chemical test results, and any video or body camera footage. Your attorney has the right to cross-examine the officer and to present your own evidence and witnesses. Legal argument is made on contested issues such as the lawfulness of the traffic stop or the accuracy of the test.
The Decision
The Hearing Officer issues a written decision affirming or overturning the suspension. If overturned, your license is fully reinstated. If the suspension is affirmed, you may appeal to district court within 30 days — another opportunity your attorney can pursue.
Who Attends the DLD Hearing?
The hearing involves a small, defined set of participants — each playing a distinct role.
DLD Hearing Officer
Presides over the hearing, rules on objections, weighs the evidence, and issues the final decision on the suspension.
The Driver (You)
As the respondent, you are the subject of the proceeding. You may testify or decline to testify. Your attorney will advise on strategy.
Your Defense Attorney
Argues on your behalf, cross-examines the officer, challenges the state's evidence, and presents legal defenses to the suspension.
Arresting Officer
May appear to testify or may have their testimony submitted via a sworn statement. Your attorney has the right to subpoena the officer for live cross-examination.
Witnesses (If Any)
Either party may call witnesses. Expert witnesses — such as toxicologists or breath test specialists — are particularly valuable in challenging chemical test results.
No Jury or Prosecutor
There is no jury and no formal prosecutor. The DLD Hearing Officer serves as both fact-finder and decision-maker, making advocacy skills especially important.