What Happens After A DUI Arrest?
- Motor Vehicle Hearing:
To preserve your right to drive in Utah, you must request a hearing within 10 days after your license has been taken from you by an officer or within the time set by Motor Vehicle in a revocation letter. A hearing must be initially scheduled within 29 days.
If you had a valid license when stopped, you are qualified for a temporary license to drive until the hearing. You will be mailed a notice of the hearing about three weeks after your request. You can plan on at least 29 days of driving.
If you lose at the hearing, you cannot drive after the hearing. It is our opinion you should requests the officer’s presence at the hearing. Crucial defenses can be developed at the hearing. It is best to allow your attorney make the request.
- Arraignment:This is the date you enter a plea usually set not less than five days and no more than 14 days after your arrest. If you have an attorney, the attorney can enter your plea for you and you do not have to appear. It is primarily for advisement of rights. If you have an attorney, he will advise you.
- Pre-trial Conference:Your attorney will discuss your case with the District Attorney and negotiate the best possible plea bargain. It will happen about 6 weeks after arraignment. This is usually after the Motor Vehicle Hearing. The date is set by the Court and your attorney on his calendar.
- Suppression Hearing:The Court may suppress some or all of the evidence against you if your constitutional rights have been violated. Your attorney will file motions to suppress. It occurs anywhere 6 weeks to 3 months after the pre-trial conference.
- Trial:Almost always a trial to a jury of four unless you are charged with a felony.
- Sentencing:The Court imposes a sentence after a conviction at trial or after a plea bargain is accepted and a plea entered. Sentences may include jail time, in home detention, public service, alcohol classes and fines.