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Richard G. Uday, Attorney at Law Licensed to practice in the State of Utah
Richard G. Uday, Attorney at Law

The Answer To Your
Criminal Law Issues

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Why Hire Uday Law?


DUI Sentencing

Driver License Consequences

I'm Richard Uday, I've been an attorney for over 25 years and during those 25 years, I've focused almost exclusively on criminal defense— defending individuals charged with either felonies or misdemeanors.

I want to talk about DUI's. DUI charges are growing at the most rapid rate of almost any charge we have in the valley and it seems like every, every legislative session here in the State of Utah our DUI laws are made more stringent and tougher with penalties increasing and becoming requirements of a DUI conviction. In many cases, these requirements are taking the power away from the judge having any discretion on what they can do in a particular case. If you're convicted of a DUI, the legislature has spelled out what must happen to you.

You need a lawyer in a DUI.

A DUI is a very unique kind of charge because unlike even some of the felonies that we have, as soon as you are cited with a DUI there are two different problems that occur. Your first problem is you're going to have an issue, or a case, begin with the motor vehicle division—the Driver License Division of the State of Utah. When the officer cites or arrests you, if you had a Utah driver's license, they more than likely have taken that license from you and your citation itself operates as a 30 day temporary driver license. At the 30th day that driver license is then going to be taken from you and you're going to lose your privilege to drive.

The only way to combat that loss of your driver license privilege is something you must act on immediately. The day you get the ticket, 10 days run from that day in which you have the right or the opportunity to request a hearing with the Driver's License Division to argue about whether they should or whether they will take your driver's license from you. You have to request that hearing within 10 days and this is calendar days not 10 work days. So this is 10 calendar days in which you have to request that hearing. That is something that our office at Uday Law will do for you.

You can contact us at 801-579-0600, and we will make that request within that 10 day period for you, and schedule a hearing with the Driver License Division where we can talk about whether the suspension will occur. If you don't request that hearing, or if you are late in making that request, your driver's license is going to be suspended for a minimum of 120 days, and in many cases, as much as 18 months or 2 years depending on your personal circumstances: your age, whether you've had prior convictions or charges before. So it's something you need to investigate and take care of quite quickly.

Now, of course, the second problem you have is the DUI charge itself. A DUI charge is a class B misdemeanor typically, or depending on the circumstances it may in fact be a class A misdemeanor or even a 3rd degree felony. So again you will need to contact our office as quick as you can, to meet with us about both the Driver License Division and your obligation to call the court on the criminal side of the case—with them it is usually a 14 or 15 day period, to schedule a court hearing or find out when that court hearing has been scheduled.

At our office we also are able to do that inquiry for you. We meet with you in a free consultation to go over your rights and the exact circumstances in your case, because every case is different. But during that time we can talk about the fees associated with your charges, also the driver license hearing and what to expect in that hearing and the very different way these two cases operate.

The Driver License Division is something that is much more procedurally oriented, and they're looking at whether the police officer did things appropriately—including the field sobriety tests, those kinds of things. The criminal case, on the other side is dealing with constitutional rights and many of the protections that our constitution and our laws afford you, and unfortunately in DUI prosecution, those seem to be getting less and less respected and treated so you need a lawyer who knows that law and can present those arguments to the city judges, who usually preside over these kinds of cases.

So, for your interest give us a call as soon as you can to talk about both aspects that are coming your way on a DUI case. Again our number is 801-579-0600 and when you call, have that citation available, and Kathleen or Rachael can usually assist you at that point in time in getting the 10 day request in and scheduling you a time to come in a meet with me.

Alright, good luck. I hope to hear from you.

Uday Law Office

Trolley Corners Center
515 South 700 East, Suite 3-E
Salt Lake City, Utah 84102

p: 801.579.0600
f: 801.579.0606

Free Consultation