American Fork Criminal Defense Attorney / American Fork Criminal Defense Lawyer / Ogden Criminal Defense Attorney / Ogden Criminal Defense Lawyer

2. DUI & Your Liscense

3. After you have been pulled over and the thought quickly settles in the
knowledge that you have been charged with a DUI don’t panic just yet. There
are American Fork Criminal Defense Attorney and Ogden Criminal Defense
Attorney that have defended many in DUI cases. Many Attorney’s will do the
drivers licensing hearings for you in an effort to preserve your licensing
privileges. If you miss a deadline or fax to the number you can risk suspension
due to administrative error.

4. The rules are not forgiving and they are often complex. Unlike other criminal
cases, DUI defense is a specialized type of defense. Not just any attorney can
or should represent you. The American Fork Criminal Defense Lawyer should
have additional training, case resolution history experience and a good working
relationship with the prosecutor.

5. After a DUI has occurred it is imperative that a hearing is requested with the
Drivers License Division. This must be done within 10 days after the DUI was
issued. That is NOT ten working days. It is ten consecutive days including
holidays and weekends. The rules are very specific. If the request timeline is
missed that is virtually nothing you can do. Occasionally an individual will be
allowed to request a review for a late hearing. These requests are rare and are
generally not granted. Remember, you can fax or take down your hearing
request to the Driver License Division in person, but do not miss that ten day
deadline. I recommend you go the day after and just get it done.

6. One very important step to take is to get all of your reports. In the
State of Utah you are entitled to all of the reports for your DUI. This
includes any testing, results, video, reports, etc. If you don’t ask for it
you run the risk of going into the hearing without adequate time to
review all of the evidence that will be used at the hearing.

7. After you have reviewed all of the information it is important to decide which
items don’t make sense to you. Choose your battles wisely. Make sure you ask
the right questions during your hearing. If you believe that a procedure was
done incorrectly ask the officer where his or her training was and to describe
each test and the procedure. You can even ask how many times he or she has
performed the tests. If you are looking for facts it will not irritate the hearing
administrator. If you begin accusing and being rude, insubordinate or unable
to follow the rules the hearing officer will likely move on and that could hurt
your case. Make sure you do your homework and you are sure of the problems with
the case.

8. If all else fails and you loose with the Driver’s License Division, you have the
right to appeal. A few weeks after you have the hearing you will get a notice in
the mail. It will include the date your driver’s license will be suspended if this
is your first DUI. You can request a review but it must be done in writing and
must be done before it is suspended. If you get the review letter back saying
that they are still suspending you do have options. You can appeal to the local
district court and have your case heard in front of a judge instead of a hearing
officer. You should probably be aware that in Utah the AG’s office will usually
take the case and the prosecutor in charge of these cases is very skilled and
talented as well as aggressive so be careful going in not represented by an
attorney.

9. In the end if you lose the appeal you still have rights to take your case before the
Court of Appeals and the Supreme Court but do know that there has to be
something very wrong with your case for you to win at that level.

10. It is very important to remember that the Drivers License hearing is separate from
your criminal case. While the information between the two will involve the same
incident and evidence they are handled separately at the beginning. Having a
knowledgeable attorney with experience and the ability to represent you is paramount.
If you or someone you know is facing a DUI help is only a phone call away. It’s worth
the call for peace of mind and some advice on how to regain traction in your case.

12. Contact Us Today:
OGDEN OFFICE
298 24TH ST #205
OGDEN UT
84401
P: 801.436.5757
AMERICAN FORK OFFICE
76 N. MERCHANT ST.
AMERICAN FORK, UT
84003
P: 801.641.2933
www.stevensgailey.com