A DUI license suspension in Utah involves two separate actions: an administrative suspension by the Driver License Division that starts 29 days after arrest if you do not request a hearing within 10 days, and a criminal suspension imposed upon conviction. A first offense brings 120 days of suspension, while a second or subsequent offense results in a 2-year revocation with no driving privileges for the first year.
Last updated: July 2026
Key Takeaways
- Utah has a bifurcated system: administrative suspension by the DLD and criminal suspension by the court run concurrently in most cases.
- You have only 10 days from arrest to request a DLD hearing or your license is automatically suspended after 29 days.
- First offense: 120-day suspension with possible restricted license after 30 days with IID installation.
- Second offense: 2-year revocation, no driving privileges for the first 12 months.
- Refusing chemical testing triggers a longer administrative suspension: 18 months for first refusal, 24 months for second.
License suspension is often the most immediately disruptive consequence of a DUI arrest in Utah. Unlike fines that can be paid over time or jail that can be scheduled, losing your driving privilege affects your ability to get to work, take your children to school, run errands, and manage daily life. Understanding how the Utah DLD handles DUI license suspensions can help you protect your driving rights and potentially minimize the time you are off the road.
Utah operates a dual-track suspension system. The first track is the administrative suspension handled entirely by the Utah Driver License Division. This occurs separately from the criminal court case and begins quickly after your arrest. The second track is the criminal suspension imposed by the court as part of your sentence. These suspensions typically run at the same time, but the administrative component is what you must address immediately to avoid losing your license before your case is resolved.
Source: Utah Driver License Division
A unique aspect of Utah’s DUI license suspension law is that it applies even if you are ultimately acquitted of the DUI charge in criminal court. The administrative suspension is based on your BAC test results or refusal, not on a criminal conviction. This means you can win your criminal case and still lose your license if the administrative process is not properly challenged.
What Is the Difference Between Administrative and Criminal License Suspension?
Understanding the two types of suspension is essential for any Utah DUI defendant. The table below shows how they differ:
| Feature | Administrative Suspension (DLD) | Criminal Suspension (Court) |
|---|---|---|
| Trigger | BAC test result or refusal at arrest | DUI conviction or plea |
| Authority | Utah Code 53-3-223, implied consent | Utah Code 41-6a-503 |
| Timing | Begins 29 days after arrest (unless hearing requested) | Begins upon conviction/sentencing |
| Duration (1st) | 120 days | 120 days |
| Duration (2nd+) | 2 years | 2 years |
| Refusal (1st) | 18 months | N/A (separate) |
| Hearing deadline | 10 days from arrest | N/A (part of criminal case) |
The administrative and criminal suspensions usually run concurrently, meaning you serve them at the same time rather than back to back. However, if you are arrested for DUI but do not actually test at or above 0.05 BAC or refuse testing, there may be no administrative suspension trigger. In that case, any license action would come only from the criminal court upon conviction.
How Does the DLD Hearing Process Work?
When you are arrested for DUI in Utah, the arresting officer will serve you with a Notice of Suspension or Revocation if your BAC tests at 0.05 or higher or if you refuse chemical testing. This notice informs you of the impending administrative suspension and your right to request a hearing.
Under Utah Code 53-3-223, you have 10 calendar days from the date of arrest to request a DLD hearing. The request must be in writing. You can find the form on the Utah DLD website. The hearing is conducted by telephone in most cases, though in-person hearings are available upon request.
At the DLD hearing, the issues are limited to:
- Whether the officer had reasonable grounds to stop you
- Whether there was reasonable suspicion to request a chemical test
- Whether the chemical test was accurately administered and reliable
- Whether the BAC result exceeded 0.05 or you refused testing
If you win the DLD hearing, the administrative suspension is set aside and your license remains valid pending the outcome of the criminal case. If you lose, the suspension begins. Having an attorney represent you at this hearing significantly improves your chances of success.
How Long Is a DUI License Suspension for a First Offense?
A first DUI offense in Utah results in a 120-day driver license suspension. This applies to both the administrative suspension and the criminal suspension, and they run concurrently.
Key details for first-offense suspension:
- Total suspension period: 120 days (approximately 4 months)
- Restricted license eligibility: After 30 days
- IID required for restricted license: Yes
- SR-22 required: Yes
- Reinstatement fee: $275 to $325
Once you have served 30 days of the suspension, you may apply for a restricted license that permits driving for work, school, medical appointments, and substance abuse treatment. To get the restricted license, you must install an ignition interlock device on your vehicle and provide proof of insurance with an SR-22 certificate. The restricted license remains in effect for the remainder of the 120-day period.
After the 120 days end, you must pay the reinstatement fee and provide proof of compliance with all court orders before the DLD will restore your full driving privileges.
How Long Is a DUI License Revocation for a Second or Subsequent Offense?
A second DUI within 10 years results in a 2-year driver license revocation. This is a revocation, not a suspension. The distinction matters: a suspension is temporary and your license is automatically reinstated when the period ends; a revocation requires affirmative reinstatement by the DLD after you demonstrate compliance with all requirements.
Key details for second-offense revocation:
- Total revocation period: 2 years
- No driving privileges: First 12 months (strict no driving)
- Restricted license eligibility: After 12 months
- IID required for restricted license: Yes
- SR-22 required: Yes
- Reinstatement fee: $275 to $325
During the first year of revocation, you have no driving privileges whatsoever. There is no work or hardship exception during this period. After 12 months, you may apply for a restricted license with an ignition interlock device, but only for employment, medical care, and court-ordered treatment purposes.
A third DUI offense within 10 years is a third-degree felony and carries a 2-year revocation as well, but the felony conviction adds additional consequences including potential prison time and permanent loss of certain rights.
Can I Get a Hardship License After a DUI in Utah?
Utah does not use the term “hardship license” the way some other states do. Instead, Utah offers a “restricted license” that serves the same purpose: limited driving privileges for essential purposes.
For a first offense, a restricted license is available after 30 days of the 120-day suspension. For a second offense, a restricted license is available after 12 months of the 2-year revocation. To qualify, you must meet all of the following conditions:
- Install a certified ignition interlock device on all vehicles you drive
- File and maintain an SR-22 certificate of insurance
- Pay all applicable reinstatement and application fees
- Complete any court-ordered substance abuse screening and treatment
- Provide proof of compliance with all court orders
The restricted license will specify the purposes for which you may drive. Typically these include commuting to and from work, traveling for medical care, attending substance abuse treatment, and performing essential household duties. Driving outside these purposes is a violation that can result in immediate cancellation of the restricted license.
What Happens If I Refuse Chemical Testing in Utah?
Utah’s implied consent law under Utah Code 41-6a-520 requires all drivers lawfully arrested for DUI to submit to chemical testing. If you refuse, the consequences for your license are significantly more severe than if you test above the legal limit.
Refusal penalties for license:
- First refusal: 18-month administrative suspension
- Second refusal within 10 years: 24-month administrative revocation
- No restricted license available for refusal-based suspension for the first 60 days
- Refusal can be used as evidence in the criminal case
Importantly, the refusal suspension runs separately from any criminal suspension. This means if you refuse testing and are later convicted, you could face the refusal suspension plus the criminal suspension, potentially back to back rather than concurrently.
A refusal also means the officer is not required to offer you a choice between a breath test and a blood or urine test. Utah’s implied consent law allows the officer to designate the type of test, and refusal of the designated test counts as a refusal.
Frequently Asked Questions
How do I request a DLD hearing for a DUI in Utah?
You must submit a written request to the Utah Driver License Division within 10 calendar days of your arrest. Forms are available on the DLD website. The hearing is typically conducted by telephone. An attorney can request the hearing on your behalf.
Can I drive during the 29 days before suspension?
Yes. If you have not yet had a DLD hearing and the 29-day period has not expired, your license remains valid. The suspension does not take effect until the 29th day after arrest unless you trigger an earlier suspension by not requesting a hearing.
Does a DUI license suspension apply to commercial drivers?
Yes, and the consequences are more severe. Commercial drivers face a 1-year disqualification of their CDL for a first DUI, even if the offense occurred in a personal vehicle. A second DUI results in a lifetime CDL disqualification under federal law.
Can I drive in other states during a Utah license suspension?
No. License suspensions are recognized across state lines through the Interstate Driver License Compact. Driving in any state while your Utah license is suspended is illegal and can result in additional penalties.
Will my insurance cover me during a license suspension?
Your insurance policy may not provide coverage while your license is suspended. Driving during a suspension can result in claim denial if you are in an accident. You should maintain insurance and file an SR-22 as required, but verify coverage limits with your insurer.
How do I reinstate my license after a DUI suspension?
Pay the reinstatement fee to the DLD, provide proof of IID installation and compliance, submit an SR-22 certificate, complete all court-ordered treatment, and pass any required knowledge or driving tests. The DLD website has a reinstatement checklist.
What is the difference between suspension and revocation in Utah?
A suspension is temporary, and your license is automatically reinstated when the period ends. A revocation requires you to apply for reinstatement and prove you meet all conditions. Second and subsequent DUI offenses result in revocation rather than suspension.
Can a DUI from another state affect my Utah license?
Yes. Utah participates in the Interstate Driver License Compact. A DUI conviction in another state will be reported to Utah and may trigger the same administrative and criminal consequences as if the offense occurred within Utah, including suspension or revocation of your Utah license.
License suspension is often the most disruptive consequence of a DUI arrest, but it is not automatic. The 10-day hearing deadline is your first and most important opportunity to protect your driving privileges. With the right legal representation, you may be able to challenge the administrative suspension and minimize the time you spend without a license. Understanding the difference between administrative and criminal suspension, knowing when and how to request a hearing, and complying with IID and SR-22 requirements are essential steps in navigating a Utah DUI license suspension.
Related Resources
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This article is for informational purposes only and does not constitute legal advice. Consult with a qualified Utah criminal defense attorney for advice specific to your situation.
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