Law Office of Glen W. Neeley
Top Utah DUI Attorney, Board Certified in DUI Defense by the National College of DUI Defense
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The 2011 legislature changed Utah Code 53-3-231. If the driver is found to have any detectable amount of alcohol in the system while operating a vehicle and is 19 to 21 years old, the Driver License Division can deny the person’s license not less than 6 months for a first offense.
If it is a second offense, the driver will be denied a license until age 21 or 2 years, whichever is longer.
If the driver is under 19 years old, the Driver License Division will deny the license not less than one year for a first offense, and until 21 or two years, whichever is longer, for a second offense.
Before reinstatement or obtaining a license after this type of suspension, the Driver is required to take an approved substance abuse program.
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New laws come into effect on July 1, 2011. These new laws are confusing. First, you must understand that there are administrative/civil consequences that the Driver License Division will impose without any Court action. There are consequences that the Driver License Division will impose as the result of Court action. That New Laws break down like this:
Civil/Administrative Actions
If you are 19 years old to 21 years old and it is a first offense DUI, the Driver LIcense Division can suspend your license for 6 months. This is a change from the 2010 law, which allowed them to suspend the license until you were 21 years old. If it is a second offense, the license can be suspended until 21 years old or two years, whichever is longer.
If you are Under 19 years old and it is a first offense DUI, the Driver License Division can suspend the license for two years. If it is a second offense, the license will be suspended until age 21 or two years, which ever is longer.
Criminal/Conviction Based Actions
If the driver is 19 to 21 years old, and the Court reports a DUI Conviction to the Driver’s License Division for a first offense, the Driver License Division will impose a 1 year suspension or until age 21, whichever is longer. However, the Court can reduce the suspension to 6 months if the person does a screening and assessment, treatment, educational series if not treatment, has no new violations, complies with all terms of probation, and files a sworn statement that no alcohol or drugs used during the probation period. If it is a second offense, the license will be revoked for two years or until 21 years old, whichever is longer.
If the driver is under age 19, the Driver License Division will suspend until age 21. The Court can reduce the suspension period to 2 years if all the requirements are completed above with the exception that the parent or guardian must file a sworn statement that not alcohol/drugs were used during the probation period. If it is a second offense, the license will be revoked until 21.
Law Office of Glen W. Neeley 