Two Separate Legal Processes
When you're arrested for DUI in Utah, two things happen simultaneously. The first is the criminal case — the charge, the court appearances, the potential conviction. The second is a Driver License Division (DLD) administrative proceeding that runs completely independently.
The DLD proceeding determines whether your license will be suspended. It happens whether or not you're convicted of DUI in criminal court. Your license can be suspended even if the criminal charges are dropped entirely — and vice versa.
The 2026 Timeline: What Changed on July 1
The Legislature revised the administrative calendar in Utah Code § 53-3-223 (Chapter 337, 2026 General Session), effective July 1, 2026. The 10-day deadline to request your hearing did not change — but the rest of the timeline did:
- Day 0 — arrest. The officer serves notice on behalf of the DLD, and the 10-calendar-day window to request a hearing starts running.
- Within 45 days of arrest — if you requested a hearing, the DLD must give you your opportunity to be heard (previously 29 days).
- Day 60 — suspension begins. Any suspension now starts on the 60th day after arrest (previously the 45th) — two extra weeks of valid driving, and two extra weeks for your attorney to work the case before the suspension bites.
- Early reinstatement. If the charge is dismissed, reinstatement is immediate. If it is reduced — most commonly an amendment to impaired driving under § 41-6a-502.5 — the DLD must reinstate a first-offense 120-day suspension after at least 60 days are served; through DUI court, reinstatement on conviction is immediate.
Frequently Asked Questions
When does the 10-day clock actually start?
What happens if I miss the 10-day deadline?
Is the DLD hearing separate from my court case?
Can a lawyer request the hearing for me?
What Happens at the DLD Hearing
The DLD hearing is an administrative review — not a criminal proceeding. A DLD hearing officer (not a judge) determines whether the license suspension should be imposed. At this hearing, your attorney can challenge:
- Whether the officer had reasonable grounds to believe you were driving under the influence
- Whether you were lawfully arrested
- Whether you were properly advised of the implied consent warning
- Whether the breath or blood test was properly administered
- Whether the test results were at or above 0.05% BAC
Winning the DLD hearing doesn't end the criminal case — but it preserves your driving privileges while the criminal case proceeds, which is critical for employment and daily life.
The Automatic Suspension Penalties
If you don't request a hearing within 10 days, the DLD imposes the suspension automatically:
- Failed breath/blood test, first offense: 120-day suspension
- Failed breath/blood test, second+ offense: 2-year suspension
- Refused breath/blood test, first offense: 18-month suspension
- Refused breath/blood test, second+ offense: 36-month suspension
What We Do When You Call
When you retain Cardon Stuart, requesting the DLD hearing is one of the first things we do — before anything else. We file the request on your behalf, confirm receipt with the DLD, and calendar the hearing date.
The 10-day window is one of the primary reasons we encourage people to call immediately after a DUI arrest — even from the parking lot, even from jail. Call us at (801) 627-1110. Available 24/7.