Does Utah Offer Alternatives Such as Hardship Licenses?

Interviewer:  And is this any different from being arrested for a DUI? Can you get a hardship license, or can you get an ignition interlock in your car in order to be able to drive?

If Your License Is Suspended, You Are entitled To an Administrative Hearing at the Driver’s License Division

Court: It’s very similar to the DUI process. In some ways, you’re a little better off. You’re always going to have the right to have a hearing, because just that is due process. So an attorney can always represent you at an administrative hearing with the DLD, the Driver’s License Division. And you can try to argue that there isn’t probable cause, or there are not reasonable grounds to suspend your license. And that can sometimes be successful.

It Is Difficult to Obtain a Limited License in Utah

As far as limited licenses, Utah is pretty notorious for being very difficult to convince to award a limited license. In some circumstances, you can do it for drug possession issues. It’s virtually impossible to get a limited license for a DUI arrest. You’re pretty much out of options if they do suspend your license with a DUI. There’s not much we can do about it.

But there are some hardship limited licenses issued for work and school purposes. You literally have to ‘jump through a lot of hoops’ to do obtain one. You have to have a hearing with the DLD, and you have to convince them that it would be an undue hardship for you to not have a license. So, it’s pretty tough to do, but you are in a slightly better situation if it’s just a drug possession as opposed to a DUI.

An Ignition Interlock Device Is a Requirement for a DUI Conviction

Court: And you mentioned ignition interlocks; in Utah, I don’t know if they have it in other states, but in Utah we don’t have any programs where you can get a limited license if you have an ignition interlock. But the ignition interlock is usually just part of the sentence for a DUI. So you’ll have to have one anyway. And having one won’t do you any good as far as getting you a limited license.

By Court Koehler

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