New Utah DUI Laws: Work / School Permit (NOT!)

The most common question I get asked is "Can I get a permit to drive to and from work while my license is suspended?"  My answer used to be unequivocally no!  My answer has not changed.  This year, a new law was put in the code to allow a permit for school or work.  However, to qualify for the permit, it is pretty much impossible.  This is what the code says:

Limited Driving Permit
53-3-220(4)

  1.  if first suspension extended for 3 years or more
  2. Doctor says no knowledge of drug use unless prescribed in last 3 years
  3. no physical or mental problems
  4. 1 year prior,
  • No violations 
  • No Arrests
  • No accidents
  • Show undue hardship
  • Granted only once
  • School or employment
  • Doesn’t apply to CDL

(4) (a) The division may extend to a person the limited privilege of driving a motor vehicle to and from the person’s place of employment or within other specified limits on recommendation of the judge in any case where a person is convicted of any of the offenses referred to in Subsections (1) and (2) except:
(i) automobile homicide under Subsection (1)(a)(i);
(ii) those offenses referred to in Subsections (1)(a)(ii), (a)(iii), (a)(xi), (a)(xii), (a)(xiii), (1)(b), and (1)(c); and
(iii) those offenses referred to in Subsection (2) when the original denial, suspension, revocation, or disqualification was imposed because of a violation of Section 41-6a-502, 41-6a-517, a local ordinance which complies with the requirements of Subsection 41-6a-510(1), Section 41-6a-520, or Section 76-5-207, or a criminal prohibition that the person was charged with violating as a result of a plea bargain after having been originally charged with violating one or more of these sections or ordinances, unless:

(A) the person has had the period of the first denial, suspension, revocation, or disqualification extended for a period of at least three years;
(B) the division receives written verification from the person’s primary care physician that:
(I) to the physician’s knowledge the person has not used any narcotic drug or other controlled substance except as prescribed by a licensed medical practitioner within the last three years; and (II) the physician is not aware of any physical, emotional, or mental impairment that would affect the person’s ability to operate a motor vehicle safely; and
(C) for a period of one year prior to the date of the request for a limited driving privilege:

(I) the person has not been convicted of a violation of any motor vehicle law in which the person was involved as the operator of the vehicle;
(II) the division has not received a report of an arrest for a violation of any motor vehicle law in which the person was involved as the operator of the vehicle; and
(III) the division has not received a report of an accident in which the person was involved as an operator of a vehicle.
(b) (i) Except as provided in Subsection (4)(b)(ii), the discretionary privilege authorized in this Subsection (4):
(A) is limited to when undue hardship would result from a failure to grant the privilege; and
(B) may be granted only once to any person during any single period of denial, suspension, revocation, or disqualification, or extension of that denial, suspension, revocation, or disqualification.
(ii) The discretionary privilege authorized in Subsection (4)(a)(iii):
(A) is limited to when the limited privilege is necessary for the person to commute to school or work; and
(B) may be granted only once to any person during any single period of denial, suspension, revocation, or disqualification, or extension of that denial, suspension, revocation, or disqualification.
(c) A limited CDL may not be granted to a person disqualified under Part 4, Uniform Commercial Driver License Act, or whose license has been revoked, suspended, cancelled, or denied under this chapter.  

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Posted in Utah DUI Laws
3 comments on “New Utah DUI Laws: Work / School Permit (NOT!)
  1. dui classes says:

    I would agree pretty much that it is nearly impossible to be granted a temporary driving permit while the license is suspended.

    However, I also see the need to be very, very specific and cover minute details if the safety of the general public is at stake.

    Like

  2. Pauline says:

    My comments is this,I know that the person did wrong by.Driving under suspension,but trying to get up on there feet.By finding a job and when they do can’t get to work cause they don’t have any means to get there.Because of the suspension,then you want to know why people dont have jobs.Some job they might have to go to work @ 4am do the buses or train run that time of morning.Maybe a couple of hours before that.They should have some type of program that they can get to and from work.Thanks

    Like

  3. jason says:

    That is way lame what abou permits for driving, while at work???

    Like

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