Utah DUI News and Alerts

Can I get a work permit to Drive to Work if my License is suspended?

In the last couple of years the Utah Legislature has come out with two ways to get your license back early.

First, if a driver loses their license at the administrative license hearing, there is now a process to obtain a license during the licensing period.  It will require the driver to get a risk to the public evaluation and an ignition interlock be placed on your car.  The down side is a DUI conviction will suspend the license again.  If a driver refused to take a chemical test (breath, blood, or urine), the driver is ineligible.  Further, it must be the driver’s first offense.

Utah code 53-3-223(10) provides:

(10)

(a) If the division suspends a person’s license for an alcohol related offense under Subsection (7)(a)(i)(A), the person may petition the division and elect to become an ignition interlock restricted driver if the person:

(i) has a valid driving privilege, with the exception of the suspension under Subsection (7)(a)(i)(A);

(ii) completes a risk assessment approved by the division that:

(A) is completed after the date of the arrest for which the person is suspended under Subsection (7)(a)(i)(A); and

(B) identifies the person as a low risk offender;

(iii) installs an ignition interlock device in any vehicle owned or driven by the person in accordance with Section 53-3-1007; and

(iv) pays the license reinstatement application fees described in Subsections 53-3-105(26) and (27).

(b) The person shall remain an ignition interlock restricted driver for a period of 120 days from the original effective date of the suspension under Subsection (7)(a)(i)(A). If the person removes an ignition interlock device from a vehicle owned or driven by the person prior to the expiration of the 120 day ignition interlock restriction period:

(i) the person’s driver license shall be suspended under Subsection (7)(a)(i)(A) for the remainder of the 120 day ignition interlock restriction period;

(ii) the person is required to pay the license reinstatement application fee under Subsection 53-3-105(26); and

(iii) the person may not elect to become an ignition interlock restricted driver under this section.

(c) If a person elects to become an ignition interlock restricted driver under Subsection (10)(a), the provisions under Subsection (7)(b) do not apply.

 

Second, a driver can get an early reinstatement of their license after a conviction if the Court is willing to sentence them to the 24/7 Sobriety Program.  This program is eligible for a driver with any amount of convictions but not for a person that refused a chemical test.

Utah code 41-6a-515.5 provides:

 

“24-7 sobriety program” means a 24 hours a day, seven days a week sobriety and drug monitoring program that:

(i) requires an individual to abstain from alcohol or drugs for a period of time;

(ii) requires an individual to submit to random drug testing; and

(iii) requires the individual to be subject to testing to determine the presence of alcohol:

(A) twice a day at a central location where timely sanctions may be applied;

(B) by continuous remote sensing or transdermal alcohol monitoring by means of an electronic monitoring device that allows timely sanctions to be applied; or

(C) by an alternate method that is approved by the National Highway Traffic Safety Administration.

What is an Extreme DUI in Utah?

A gavel and a nameplate reading 'DUI LAW' on a wooden desk.

What is a an Extreme DUI in Utah?

An “Extreme” DUI in Utah is not a term used in Utah DUI statutes but judges, prosecutors and defense attorneys seem to use this term to describe a DUI that gets enhanced for several different reasons as described below.

 

First Offense Class B Misdemeanor

  • .160 or above Breath/Alcohol level
  • BAC .05 or higher + any
    measurable controlled
    substance
  • Combination of two or
    more controlled substances

First Offense Class A Misdemeanor

  • If bodily injury
  • if passenger is under 16
  • if passenger is under
    18 and driver is 21 or
    older
  • if driving in the
    wrong direction on a freeway or controlled-access highway

What really gets’s a DUI enhanced in Utah is when a person has a second, third, or multiple offenses within a 10 year period.  The enhancements involved with a so-called “extreme DUI” involves stiffer penalties including fines, jail time, probation terms, and license consequences.  Further, the extreme nature of these circumstances can prevent any plea offering from the prosecutor or even being accepted by a judge.