I was presenting to UACDL attorneys on Drivers License Suspensions. An area that became real confusing is the area of minors who get a DUI. The reason this gets so confusing is because there are administrative based suspensions and then there are conviction based suspensions.
Utah code 53-3-223 (7)(a)(ii) provides that a person under 21 years of age is suspended administratively for a period of six months 30 days after arrest. If it is a second offense, the suspension period is two years or until the person is 21 years old, whichever is longer. This all happens before the person goes to court.
Here is where the confusion sets in.
After the Drivers License Division suspends on an administrative action, then the person goes to Court and pleads or is convicted of a DUI. Utah Code 41-6a-509 provides the following:
19 years old to 21 years old: Suspension is for a period of one year.
19 years old to 21 years old second offense: two years or until 21, whichever is longer.
Under 19 years old: Suspension is until 21 years old.
Under 19 years old second offense: revoke the person’s license until 21 years old.
The next tricky part is that a Court reporting the conviction can reduce the time frames to 6 months if the person completes several items: screening, assessment, treatment, educational substance abuse, no other motor vehicle convictions, complied with all terms of probation, and a sworn statement of no alcohol consumption.
So in summary, the Drivers License Division will take the initial action for 6 months. If the person is convicted of DUI, then there is an additional 6 month added. The additional 6 months may be reduced by the Court back to the original 6 months if the person complies with the above terms.