Glen W. Neeley – Utah DUI Defense Attorney
Glen W. Neeley
Utah DUI Defense Attorney  ·  Defending Clients Since 1998
Utah DUI Defense · Glen W. Neeley

What Happens After
a DUI Arrest in Utah?

A DUI arrest triggers two completely separate legal proceedings simultaneously — one administrative, one criminal. Understanding both tracks, their timelines, and your options at each stage is the first step to protecting yourself.

Call (801) 645-5008 — Free Consultation

⏱ 10-Day Deadline: You have only 10 calendar days from the date of arrest to request a Driver License Division hearing. Miss it and your license is automatically suspended — no hearing, no second chance.

Most people arrested for DUI assume they just have to show up in court and deal with one proceeding. That assumption is wrong — and it costs people their licenses before the criminal case even begins. A Utah DUI arrest simultaneously starts two completely independent legal processes: an administrative action through the Driver License Division, and a criminal prosecution through the courts. Both can take your license. Both require immediate attention.

The diagram below shows exactly how each proceeding unfolds, what happens at each stage, and where the critical decision points are. Every step has a deadline. Every deadline matters.

■ Administrative Track

Driver License Division (DLD)

The DLD action is civil — it concerns only your privilege to drive. It is not about criminal guilt. The DLD acts immediately upon arrest and moves on its own timeline, completely independent of what happens in criminal court. You can win in court and still lose your license here — or vice versa.

■ Criminal Track

Court Criminal Proceedings

The criminal case is prosecuted in the court of the county where you were arrested. The outcome determines whether you receive a conviction on your permanent record, jail time, fines, probation, and all other criminal penalties. This track has its own stages depending on the severity of the charge.

Track 1: The Administrative (DLD) Process

The DLD process begins the moment you are arrested. It moves on a strict statutory timeline that has nothing to do with the courts. Your attorney must pursue both tracks simultaneously.

Utah DUI Administrative Track — DLD Process Timeline Flowchart showing the DLD administrative process: Arrest triggers a 10-day deadline to request a hearing, then a DLD hearing within 60 days, then the DLD decision on license suspension or reinstatement. DUI Arrest ⏱ 10-DAY DEADLINE Request DLD Hearing Must be submitted within 10 calendar days Missed deadline → Auto suspension WITHIN 60 DAYS DLD Hearing Officer testifies Cross-examination Evidence reviewed ✓ Hearing Won License preserved Suspension imposed 120 days – 36 months
The DLD hearing is a rare opportunity to cross-examine the arresting officer under oath before the criminal trial. Glen W. Neeley uses it as a strategic preview — every admission, every inconsistency becomes ammunition for the criminal defense. Subpoena the officer. Request the hearing. Fight both tracks at once.

Track 2: The Criminal Court Process

The criminal proceeding runs in the court of the county where you were arrested. The path it takes depends on the severity of the charge. Class B Misdemeanor cases (most first-offense DUIs) follow one path; Class A Misdemeanor and Felony cases follow another.

Utah DUI Criminal Process Flowchart Two-path flowchart showing Utah DUI criminal proceedings. Both paths begin with arraignment. Class B misdemeanor goes to pretrial conference, suppression/evidentiary hearings, then trial and sentencing. Class A misdemeanor or felony goes to first appearance, preliminary hearing decision, preliminary hearing, suppression/evidentiary hearings, then trial and sentencing. DUI Arrest Arraignment Formal reading of charges · Enter plea Charge determines path Class B Misdemeanor Class A Misd. or Felony Pretrial Conference Motions · discovery · negotiations Suppression & Evidentiary Hearings Trial Jury or bench trial Sentencing First Appearance Bail · rights · counsel confirmed Decision: Preliminary or Status Conference Prosecution to prove probable cause Preliminary Hearing Suppression & evidentiary hearings Trial Sentencing
Arrest / trigger event
Critical deadline / shared stage
Class B Misdemeanor path
Class A Misd. / Felony path
Trial & sentencing

What Happens at Each Stage

Both Tracks · Day 1

Arraignment

Your first court appearance. The judge formally reads the charges against you and you enter a plea. Entering not guilty preserves all your rights — including the right to jury trial and the right to bring suppression motions. An arraignment is not a conviction. It is a starting line.

Class B Path

Pretrial Conference

One or more hearings before trial where your attorney and the prosecutor exchange evidence, argue motions, and negotiate. This is where plea bargaining happens — but never accept the first offer without your attorney having thoroughly investigated the case first.

Both Paths · Critical Stage

Suppression & Evidentiary Hearings

Glen files motions challenging the constitutionality of the stop, the arrest, the field tests, and the chemical test results. If the court grants suppression, that evidence cannot be used against you at trial. Many cases are won or resolved here — before trial even begins.

Class A & Felony Path

First Appearance

For more serious charges, this is a separate preliminary hearing to confirm bail, advise the defendant of rights, and ensure counsel is in place. Bail amounts set here affect your freedom while the case is pending. An attorney at this stage can argue for reduced bail.

Class A & Felony Path

Preliminary Hearing

The prosecution must demonstrate probable cause that a crime was committed and that you committed it. This is not a full trial — but it is an important evidentiary threshold. Glen cross-examines the officer, challenges evidence, and has successfully had cases dismissed at this stage when the prosecution could not meet its burden.

All Paths · Final Stage

Trial & Sentencing

If the case is not resolved earlier, it goes to trial. You have the right to a jury of six for misdemeanors in Utah. All six must unanimously agree on guilt. If found guilty, sentencing follows — with the mandatory minimums determined by the charge level and the judge’s discretion above them.

The criminal case track can take months to over a year to resolve. Cases with strong suppression motions, complex evidence, or trial-bound defendants often take longer — but that time is used strategically. The longer a case runs with competent defense, the more opportunities arise to challenge evidence, negotiate, and find the best possible outcome. Learn about defense tactics →

Now That You Know What’s Coming,
Let’s Start Fighting Back.

Glen W. Neeley handles both tracks simultaneously — the DLD hearing and the criminal defense — from day one. Available 24 hours a day, 7 days a week.

(801) 645-5008 Schedule Your Free Consultation

Available 24/7 · Ogden & Salt Lake City · Statewide Utah