Utah Drunk Driving - Administrative license Suspension[caption id="" align="alignright" width="300" caption="Image via Wikipedia"][/caption] Driving in the state of Utah is a privilege. If you have a valid Utah drivers license you have given your implied consent to submit to a blood alcohol content test if asked to do so by a Utah law enforcement officer.
I refused the blood alcohol content test after DUI arrestDrivers who are stopped and arrested for drunk driving may be asked to submit to a chemical test of their blood, breath or urine. If you refuse to submit to the test you will face an administrative license suspension. Prior to administering the test the office must tell you that refusing to submit to the test can result in the automatic suspension of your drivers license.
I took the blood alcohol content test but failedDrivers arrested for drunk driving may also agree to take the blood alcohol concentration test. If you agree to the test but your blood alcohol concentration is above the legal limit of 0.08% this also can result in an automatic suspension of your Utah drivers license. Keep in mind, the administrative license suspension is in addition to any Utah criminal DUI penalties which you might face if you are convicted of a drunk driving charge. Additionally, if your license is suspended in Utah you will not be eligible for a hardship or work permit during the suspension and driving with a suspended license will result in a charge for a Class B Misdemeanor. Drivers who refuse or fail the blood alcohol content test will be issued a temporary license and their license will be confiscated by the Utah law enforcement officer. Temporary licenses can be used up to 29 days after the DUI arrest.
Administrative License Suspension Penalties in UtahDrivers arrested for their first drunk driving charge who either agree to the blood alcohol content test and fail or who refuse to take the blood alcohol content test will face the following administrative license suspensions:
- Drivers over the age of 21 whose BAC is above the legal limit will have their license suspended for 120 days
- Drivers who refuse to submit to the test will have their license suspended for 18 months.
Requesting an Administrative Hearing after a Utah Drunk Driving ArrestIf you have had your license confiscated after a DUI arrest because you either failed the chemical test or you refused the test you have the right to request an administrative hearing to challenge the license suspension. All administrative hearing requests must be made within 10 days after you receive the notice of intention. Your court date should be scheduled within 29 days. If you do not make a request for a hearing your license suspension will begin on the 30th day after your drunk driving arrest. There are several things you can challenge at the administrative hearing: the law enforcement officer did not have reasonable grounds to assume you were under the influence of alcohol or the notion that you refused the blood alcohol test
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