Driving after a DUI in Utah: the DUI Early Reinstatement (ignition interlock-restricted driver)

The first days: the administrative suspension and the hearing deadline

In most states the licensing agency suspends the license at arrest, separately from any court case, and the driver has a short window to request a hearing on that suspension. Missing it lets the suspension take effect without review.

The peace officer, on behalf of the division and within 24 hours of arrest, gives notice of the division's intention to suspend and information on how to obtain a prompt hearing. The request must be submitted within 10 calendar days after the day the officer provides notice (§ 53-3-223(6)(a)(ii)); DLD's page says to request the hearing within 10 days of arrest using the DUI Hearing Request online submission or printable form, and a request more than 10 calendar days after arrest must attach documentation explaining why it is late. The division must grant an opportunity to be heard within 45 days after the arrest. If no hearing is requested, the driver fails to appear, or the division finds reasonable grounds, a first suspension of 120 days begins on the 60th day after arrest; DLD states the driver can continue to drive for 60 days from the date of arrest. No hearing fee is stated on the

“The individual shall submit a request to be heard within 10 calendar days after the day on which the peace officer provides notice”

Who can get it, and how soon

The Driver License Division (DLD) states that a driver whose license has been suspended for 120 days after a first DUI arrest under Utah Code § 53-3-223(7)(a)(i)(A) may petition the division to reinstate early as an ignition interlock-restricted driver; a second-offense (two-year) suspension requires 90 days served and a misdemeanor charge, and a first refusal revocation (18 months) requires at least 90 days served under § 41-6a-521(7). The petition is denied if no interlock is installed or the license is suspended for any other reason.

“As a result of a first arrest and in certain circumstances a second or subsequent arrest for driving under the influence, the division has suspended your license for 120 days or two years. You may be eligible to reinstate your license early in accordance with UCA 53-3-223(10) or 53-3-223(11) by:”

For a first per se (test-failure) suspension the statute and DLD state no minimum period that must be served before the petition: § 53-3-223(10)(a) lets the individual petition once the division suspends the license, and DLD's disqualification list applies the 90-days-served condition only to second or subsequent offenses. The suspension itself begins on the 60th day after the date of arrest (§ 53-3-223(7)(a)(i)(A)); DLD states the driver can continue to drive for 60 days from the date of arrest. For a first refusal revocation DLD states at least 90 days of the revocation must be served before petitioning under § 41-6a-521(7). The interlock-restriction period runs 120 days from the original effective date of the suspension.

“Refusal Arrest As a result of a first arrest for driving under the influence and refusal to submit to a chemical test, the division has revoked your license for 18 months or until 21 years old or for a period of two years, whichever is longer.”

Conditions attached to the privilege

As stated by DLD (Steps 1-5): the license must be under the 120-day first-offense suspension; the driver petitions the division by contacting a hearing officer, who reviews the driving record; an ignition interlock device must be installed in any vehicle owned or driven by the driver; a hearing (at a driver license office, by telephone or web meeting) verifies the record and the installation; all required reinstatement fees are paid to DLD. DLD's reinstatement page states an $85.00 reinstatement fee plus a $262.00 administrative fee for an alcohol/drug-related offense. The statute (§ 53-3-223(10)(a)) adds that the driver must have a valid driving privilege apart from the suspension. DLD's five steps list no SR-22 or DUI-education condition; DLD's SR22 page lists the actions that require an SR22 filing, and the court-ordered screening, assessment and educational series under § 41-6a-505 i

“installs an ignition interlock device in any vehicle owned or driven by the individual in accordance with Section 53-3-1007 ; and (iii) pays the license reinstatement application fees described in Subsections 53-3-105(26) and (27).”

Where and when it allows driving

The license is reinstated subject to an ignition interlock restriction: the driver remains an ignition interlock-restricted driver for 120 days from the original effective date of the suspension and must have an interlock in any vehicle owned or driven. Neither DLD's page nor § 53-3-223(10) states purpose, hour or geographic limits.

“First offense: You will remain an ignition interlock-restricted driver for 120 days from the original effective date of the suspension.”

How it is issued

The licensing agency issues the DUI Early Reinstatement (ignition interlock-restricted driver).

Official page: dld.utah.gov

The statute: Utah Code § 53-3-223(10)

“If the division suspends an individual's license for an alcohol related offense under Subsection (7)(a)(i)(A) , the individual may petition the division and elect to become an ignition interlock restricted driver if the individual:”