Interviewer: You said the Driver License Division issue is not criminal. It is civil, right?
Court: Yes, it is a civil proceeding.
Interviewer: Would that mean the police have no obligation to advise you of anything regarding your license because it is not something they handle?
Court: It would, but there are actually some statutes in Utah that require certain things of the police officer. They are required to notify you of the hearing and the opportunity for a hearing. In addition, they are required to notify you of a deadline.
Actually, they have their citation and a DUI report form that they fill out. There is a little box that they are supposed to check and then write down the time they informed you about a hearing.
If they fail to give you that information, then that can be grounds for you keep your driver’s license because you were not properly informed of the opportunity to get a hearing.
Interviewer: After you are arrested, do you have paperwork? What does it say?
Court: Typically, if you are a Utah driver and you get arrested for a DUI, the officer will actually take your license and then give you a citation that will double as a temporary driver’s permit.
So 30 days after you are arrested, your license is suspended. That citation you received is your temporary license for the next 30 days, until your license is formally suspended.
Then, if you go through the Driver License Division hearing process and they decide to not suspend your license, they will return the license to you. Otherwise, that temporary license will expire.
So what you have after you get arrested is a citation that shows your name and your address. It will show the blood alcohol content if there was a test done. It will show the name of the court that the proceeding is in and the name of the officer.
It will also have notice that you have to request a hearing within 10 days and that the citation serves as your temporary license. Then, if you have a vehicle impounded, you will have a vehicle impound form.
If they take you to jail, then they will usually have a booking release form that they give you also. You may have three or four pieces of paper.