Driving While License Suspended
The Driver Licensing Act of the Utah Public Safety Code governs many aspects of obtaining and maintaining driving privileges in the State of Utah. Utah Code § 53-3-227 prohibits driving a motor vehicle while the driver’s driving privilege is denied, suspended, disqualified, or revoked.
Under Utah Code § 53-3-227, a person who drives while their driving privilege has been denied, suspended, disqualified, or revoked can be charged with a criminal offense charged as a class C misdemeanor.
The charge can be filed as a class B misdemeanor if the person's conviction is based on the person driving a motor vehicle while the person's driving privilege is suspended, disqualified, or revoked for:
- a refusal to submit to a chemical test under Section 41-6a-520;
- a violation of Section 41-6a-502;
- a violation of a local ordinance that complies with the requirements of Section 41-6a-510;
- a violation of Section 41-6a-517;
- a violation of Section 76-5-207;
- a criminal action that the person plead guilty to as a result of a plea bargain after having been originally charged with violating one or more of the sections or ordinances under this Subsection (3);
- a revocation or suspension which has been extended under Subsection 53-3-220(2);
- where disqualification is the result of driving a commercial motor vehicle while the person's CDL is disqualified, suspended, canceled, or revoked under Subsection 53-3-414(1); or
- a violation of Section 41-6a-530.
Additionally, a person is guilty of a class B misdemeanor if the person is driving on a suspended driver’s license out of another state, the United States, or any district, possession, or territory of the United States for violations corresponding to the violations listed in § 53-3-227.
Utah's Section 53-3-220 for Driving on a Suspended Driver's License - Visit the website of the Utah State Legislature to find Title 53, Chapter 3, Part 2, Section 220. The Driver Licensing Act regulates many aspects of obtaining and maintaining driving privileges under Utah law. Effective on 5/12/2015, Section 53-3-220 applies to offenses requiring mandatory revocation, denial, suspension, or disqualification of license. Also find information on hearings and limited driving privileges.
License Suspension Laws in Utah - Visit the website of the Department of Public Safety to learn more about the driver’s license suspension after an arrest for DUI. Also find information about the ignition interlock restricted driver and the alcohol restricted driver.
Motion to Shorten Period of Driver’s License Suspension or Denial in Utah - Visit the website of the Utah Courts to find information on shortening the period of a driver’s license suspension or denial ordered as part of a sentence for the first conviction—called an “adjudication” in juvenile court for one of the following offenses: Section 41-6a-502 (Driving under the influence of alcohol or drugs); or Section 41-6a-517 (Driving with any measurable controlled substance in the body). Motions are governed by Utah Rule of Criminal Procedure 12. The motion allows you to ask the court that sentenced you to shorten the period of the suspension or denial. It is important to note that you will not qualify for this procedure after a second conviction/adjudication or if you were 21 or older on the date of the offense.
Finding an Attorney for Driving on a Suspended Driver’s License in Utah
If you were arrested for a class C or a class B misdemeanor for driving with a suspended driver's license in violation of Utah Code Ann. § 41–2–136, then contact an experienced criminal defense attorney at Brown, Bradshaw & Moffat, LLP.
Elements of the crime include proof that:
- the defendant was driving; and
- at the time of driving, the defendant’s driver’s license was denied, suspended, disqualified or revoked.
Contact us to discuss important defenses that exist to contest the charges including showing that the traffic stop was in violation of the Fourth Amendment. Additionally, in many of these cases, an attorney can help you get your driving privileges reinstated so that the prosecutor and the court know that the crime will not happen again.
Call us to discuss your case at (801) 532-5297 today.