LICENSE REVOCATION AND SUSPENSION, ALCOHOL, POINT SYSTEM, DRIVING RECORDS
- What can cause a driver’s driving privilege to be revoked?
Answer: Your driver license will be revoked if a court finds you guilty of any of the following:
- Manslaughter or negligent homicide while driving ://wksl.com/?nid=148&sid=25179167#ooid=V0bjUwZDoVhAdz5YJ5AU8LuvWtZRMHsO
- A second or subsequent conviction for driving or being in actual physical control of a motor vehicle or a motorboat while intoxicated or while any measurable controlled substance or metabolite of a controlled substance is in your body (including prescribed medications)
- Making a false statement under oath when applying for a driver license
- Using a motor vehicle to commit or facilitate a felony, including automobile homicide
- Failure to stop and give aid if you are involved in a motor vehicle crash resulting in the death of, or personal injury to another.
- Two charges of reckless driving or impaired driving in one year. The court may recommend that your license be suspended for three months on the first conviction.
- Attempting to flee or refusing to stop after receiving a visual or audible signal from a police officer
- Discharging or allowing the discharge of a firearm from a vehicle
- Using, allowing the use of, or causing to be used any explosive, chemical or incendiary device from a vehicle
- Driving with a measurable or detectable amount of alcohol in your system when you have an alcohol-restricted status
- Driving a vehicle without an ignition interlock device installed when you have an ignition interlock restricted status
- You have been convicted of careless driving and a judge has ordered revocation of your driver license.
- What is Reckless Driving?
Answer: Reckless driving is defined as operating a vehicle in a willful and or wanton disregard for the safety of persons or property.
- What will happen if a drunk driver forfeits bail?
Answer: If a drunk driver forfeit bail after being arrested for any drunk driving related offenses, his/her driver license will be revoked or suspended as if he/she had appeared in court and being found guilty.
- What can cause a driver’s driving privilege to be suspended?
Answer: Your driver license may be suspended for as long as one year for the following reasons:
- You have been convicted of an offense for which mandatory suspension is required
- By reckless or unlawful conduct, you have caused or contributed to a crash in which someone was injured or killed or which resulted in serious property damage.
- You are incompetent to drive, or have a mental or physical condition that would make you an unsafe driver.
- You have unlawfully or fraudulently used your license or permitted its use by someone else
- You have refused to take or failed to pass a review examination as ordered by the Division
- You have been convicted of sufficient traffic violations to be subject to the Division Point System.
- You have been arrested for DUI or been found guilty of any drug offense.
- You operated or permitted to be operated a motor vehicle owned by you without the required security.
- As a Utah driver, you failed to appear in court for a traffic violation when it occurred in Utah or in a Non-Resident Violator Compact member state, or that you failed to satisfy fees, fines, or restitution to the court on any criminal charge.
- Failure to show proof no-fault insurance or other security as required under the Utah Automobile No-Fault Insurance Act.
- Operating a vehicle or allowing a vehicle registered to you to be operated without required insurance or proof of financial responsibility
- Failure to pay child support
- You have been convicted; for a texting violation or for stealing gas from a retail establishment and the judge has ordered suspension of your license.
- You are under the age of 21 and have used false or improper proof of age in order to obtain or consume alcohol, or gain admittance to a bar.
- You have been convicted for custodial interference
- What has the government of Utah done to keep drunk and intoxicated drivers off the road:
Answer: Various laws have been enacted that provide severe penalties for the intoxicated driver.
- A driver is considered to be intoxicated if his or her blood or breath alcohol concentration is:
- In Utah, if you are convicted of, plead guilty to, or forfeit bail for driving or being in actual physical control of a motor vehicle or a motorboat while under the influence of alcohol or drugs, your punishment may be as much as:
- 6 months in jail and a fine
- How long will your license be suspended on your first conviction, if you are found guilty, or pleaded guilty to driving under the influence of alcohol or drugs?
- 120 days or until you reach the age of 21
- Second and subsequent convictions will result in a:
- Two-years revocation or until you reach the age of 21
- What are the three things that will be imposed on a driver found guilty of driving under the influence of alcohol or drugs?
- A mandatory jail term
- Performance of community service
- Participation in an assessment and educational program at state-approved alcohol or drug dependency rehabilitation facility, before you will be allowed driving privileges again.
- When will a charge for DUI not show up on your Motor Vehicle Report?
Answer: A plea of “guilty” or “no contest” for DUI is held in abeyance by the court.
- Abeyance for DUI is considered as what?
Answer: Abeyance for DUI is considered as “first offence” for the purpose of enhancement of penalties imposed by the court or the Driver License Division, including expungement.
- What offences did Abeyance for DUI applies to?
- Driving under the influence of alcohol or drugs
- Reckless driving
- Automobile homicide
- In addition to the criminal penalties, Utah’s Drunk Driving law allows a peace officer to confiscate your Utah driver license upon arrest for driving under the influence and allows the Division to suspend your license for how long?
- 120 days or until you reach the age of 21
- What will happen to a second or subsequent arrest starting 30 days after the first offence of driving under the influence of alcohol or drugs:
- You may receive similar fines and jail sentences for any additional convictions
- A repeat offender may also be found to be a habitual user of alcohol or drugs and be refused a driver license indefinitely or for life.
- How long will a person between the age of 13 and 20 who is convicted in court for possession or consumption of alcohol or for being in a bar and being under age will have their driver license suspended?
- Under age drinker will have their driver license suspended for one year for first offence
- Two years for a second or subsequent offence as ordered by the court.
- If the court orders suspension for a driver under the age of 16, the suspension time will begin on the date of conviction and extend for one to two years from their 16th birthday
- What is the “NOT A DROP” act?
Answer: The “Not A Drop” act provides that a person under 21 years of age driving with Any Measurable Amount of alcohol in his/her body will have all driving privileges denied for 120 days.
- What is the penalty for a second or subsequent offense within (10) years of the “Not A Drop” act?
Answer: A second or subsequent offense within ten years of prior denial will result in loss of driving privileges for two years, or until they reach the age of 21, whichever is longer.
- What is the penalty for an unlicensed offender of the “Not A Drop Act”?
- An individual who has not yet been issued a license will be denied or suspended even though they have not yet obtained a license for one year or until they reach the age of 21 for first offense
- Two years for second offense or subsequent arrest or until they reach the age of 21.
- What is an alcohol-restricted driver?
- When action is taken against a driving privilege for an alcohol-related offence, the driver is placed under an alcohol-related status, ranging from two (2) years, three (3) years, five (5) years and ten (10) years depending on the number and type of offenses.
- A lifetime alcohol-restricted status will result when a driver is convicted for automobile homicide or a felony DUI.
- When alcohol-restricted status would begin?
Answer: Alcohol-restricted status begins on the effective date of revocation or suspension for:
- Alcohol-related reckless driving
- Impaired driving
- Automobile homicide
- Per se arrest
- Refusal to submit to a chemical test
- Driving with alcohol in the body while on an alcohol restricted status
- Driving without an ignition interlock device installed in the vehicle while on an ignition interlock restricted status.
- How long does alcohol-restricted status remain on an offender’s driving record:
- Once a driver has reinstated his driving privilege following an applicable alcohol offense, the alcohol-restricted status remains in effect for two (2), three (3), five (5), or ten (10) year period, or lifetime from the effective date of the original suspension or revocation action.
- Following reinstatement of the driving privilege; however, if he/she is convicted of driving with any measurable amount of alcohol during the alcohol-restricted period, the driver license will be revoked for one (1) year.
- What is Ignition Interlock Restricted Driver?
Ignition Interlock Device
- Is a driver who has been convicted in court for an alcohol-related offense, the court can issue a court order that requires that the driver have and ignition interlock device (IID) installed in his/her vehicle. This would require the driver to breathe into the device before he would be able to start the vehicle.
- The court would determine the time frame for the interlock requirement under these circumstances
- When did the Interlock Restricted Driver Law (IRD) became law in Utah?
Answer: May 1, 2006
What happen when a driver is convicted of a first DUI?
- They are automatically restricted to driving a vehicle that has an IID installed
- For a period of eighteen (18) months from the date of conviction, or
- Effective date of the license suspension, or three (3) years if they are under the age of 21 when they are arrested.
- What happen if a driver is convicted of a second or subsequent DUI Impaired driving, or Alcohol-Related Reckless Driving violation, or they have been revoked for refusal to submit to a chemical test after being arrested for driving under the influence?
- They are automatically restricted to driving a vehicle that has an IID installed for a period of three (3) years from the date of conviction or effective date of the revocation.
- Felony DUI carries a six (6) year IID restriction,
- Automobile homicide carries a ten (10) year IID restriction
- What happened if IID restricted drivers operate a motor vehicle without the IID device?
- The vehicle may be impounded
- The driver may be cited for violating the IRD law
- What happen when a driver is convicted for violating the IRD law?
- A conviction for violating IRD law will result in a driver license revocation
- For a period of one (1) year
- Additional three (3) years IID restriction from the date of revocation.
- What is Utah Implied Consent Law?
Answer: When you operate a vehicle or a motorboat in the State of Utah, it is implied that you will submit to a chemical test of your breath, blood, urine, or oral fluids to determine the alcohol or drug content, if asked to do so by a peace officer.
- What happen if a driver refused to submit to chemical test to determine their BAC?
- Your license may be revoked for 18 months on the first offense
- 36 months for second or subsequent offenses.
- What happen if a driver under the age of 21 refused to submit to chemical test to determine their BAC?
- Your license will be revoked for 18 months for first offense
- 36 months for a second offense; or until you reach the age of 21, whichever is longer
- If asked to take any chemical tests, what are the things you cannot do?
DUI Breath Analyzer
- Choose which tests you will take
- Consult with an attorney or doctor before agreeing to take such tests
- What must you do when the time frame for your suspended/revoked license is up?
- You may apply for a new license
- Pay a $65 reinstatement fee and the regular license fee
- Take the required examinations
- $170 administration fee may be required in some cases.
- What happen to a driver’s vehicle if arrested for DUI?
- If a driver is arrested for DUI, the officer may have the vehicle or motorboat impounded
- If the vehicle is impounded the DMV will notify the owner of the vehicle and provide information of what must be done to get the vehicle out of impound
- The impounded vehicle will not be released to the owner until all requirements have been met and all fees and charges paid.
- Fees the owner must pay include towing, storage charges, and administrative costs.
- If an impounded vehicle is not claimed within the allowed time, it shall be sold.
- What is a criminal forfeiture of an automobile?
- If a driver is convicted in court for a violation of DUI, driving with a controlled substance in the body, or automobile homicide, and was previously convicted for felony drug related driving violation, or automobile homicide for a violation that occurred after 5-1-09, and had their license suspended or revoked in connection with the violation,
- Their impounded vehicle may be subject to criminal forfeiture, and may be sold.
- What is the penalty for driving on suspended or revoked license?
- If you drive while your license is denied, suspended, or revoked you may be sentenced to jail for 90 days
- Be required to pay a fine
- The length of time your license was originally denied, suspended, or revoked will be increased by the amount of the original time period.
- If the original suspension or revocation is based upon an alcohol-related offense, the fine may be up to $1,000
- May be imprisoned for up to six (6) months
- What is the penalty for altering or having a fictitious license?
- It is unlawful to display a license which you know has been cancelled, suspended, or altered.
- It is also illegal to alter a driver license.
- Either of these actions could result in your license being suspended
- What is Utah Point System?
- The point system is part of Utah’s Driver Improvement Program. Points are assigned for specific types of violations.
- If you acquire 200 or more points within a three (3) year period, you will be asked to appear for a hearing.
- Based on the hearing, you may be placed on,
- Requested to take the Defensive Driving Course
- Or have your driving privilege suspended
- The suspension may be for three (3) months, six (6) months, or one (1) year, depending on your record
- Utah drivers under the age of 21 are subject to a more stringent point system
- An accumulation of 70 points or more within a three (3) year period may result in a hearing and subsequent suspension or denial of driving privileges from 30 days up to one (1) year
- How are points earned by drivers:
|Speeding (depending on severity)
35 to 75
|Failure to Yield Right-of-Way
|Following too Closely (Tailgating)
|Wrong Side of Road
|Wrong Way on One-Way Street
|Other Moving Violations
DRIVING RECORDS – How to Clear Your Driving Record
- By driving safely, you can clear your own record. The point system provides that when you drive one full year without being convicted of a moving traffic violation, half of the total points on your record will be removed.
- If you drive two successive years without a conviction, all points will be removed from your record.
- Points for individual convictions are automatically removed from your record three (3) years after the date of the violation.
- As a further incentive, 50 points may be removed from your record upon completion of a defensive driving course recommended by the Division. This 50- point reduction will be permitted only once during any three (3) year period.
46. What is a Driver’s Record?
- It is a computerized database of driving and crash record of every driver in the state of Utah.
- What does the driver’s record contain:
Answer: It contains a record of convictions for moving traffic violations and suspensions within the past three years.
- How long does alcohol/drug-related violations, suspensions and revocations remains on one’s record
Lives Affected: MADD