For many Utah criminal charges, a plea in abeyance is a valuable tool: you enter a plea, the court holds it "in abeyance" while you complete certain conditions, and if you succeed, the case can be dismissed — keeping a conviction off your record. Understandably, people facing a DUI ask whether they can do the same. For DUI, the answer is usually no.
Here's why — and what often takes its place.
What a Plea in Abeyance Normally Does
In a typical plea in abeyance, you plead guilty or no contest, but the court doesn't immediately enter the conviction. Instead, you're given a period to meet conditions — staying out of trouble, completing a class, paying a fee. Complete them, and the plea is withdrawn and the charge dismissed. It's a path to avoiding a conviction on your record.
Why DUI Is Treated Differently
Utah law specifically limits this option for DUI. The statute that governs pleas in abeyance restricts their use for driving-under-the-influence offenses, so a court generally cannot hold a DUI charge in abeyance the way it can for many other misdemeanors.
The Reduction That Often Takes Its Place
Because abeyance usually isn't available, the more common goal in a Utah DUI case is a negotiated reduction — most often to impaired driving under Utah Code § 41-6a-502.5. Impaired driving is a lesser offense than DUI, and a reduction can soften the mandatory consequences that come with a DUI conviction. Eligibility depends on the facts, your history, and the prosecutor.
This is a different mechanism than a plea in abeyance, but for many people it accomplishes a similar practical goal: a better outcome than a straight DUI conviction.
Why This Is Worth an Attorney's Attention
Whether a reduction is realistic — and how to position the case for one — depends on details a defense attorney is best placed to evaluate: the strength of the stop and testing, your record, and the local prosecutor's practices. If avoiding a DUI conviction matters to you, that conversation should happen early, before you enter any plea.
If you're facing a DUI and hoping to avoid a conviction on your record, the sooner you talk to a defense attorney, the more options you have. Cardon Stuart offers a free, confidential case assessment — reviewed personally by an attorney — and we're available 24/7. We also serve Spanish-speaking clients (se habla español). Call (801) 627-1110.