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.
Brown, Bradshaw & Moffat, LLP, defends clients arrested for allegedly driving while their licenses were suspended. Call (801) 532-5297 to have our criminal defense attorneys review your traffic crime case and answer all of your legal questions.
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.
Additional Information about Driving While License Suspended in Utah
Penalties for Driving on a Suspended Driver's License
Enhanced Penalties for Driving on a Suspended Utah Driver License
Additional Resources
Penalties for Driving on a Suspended Driver License
A person may be convicted of a class C misdemeanor for driving a motor vehicle with a license that is denied, suspended, disqualified, or revoked.
The crime of driving on a suspended, disqualified or revoked driver's license becomes a class B misdemeanor if the driver's license was denied, suspended, disqualified, or revoked for, among other things (some of which are listed below), an alcohol-related prior offense.
Enhanced Penalties for Driving on a Suspended Utah Driver License
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 any* of the following:
a refusal to submit to a chemical test
driving under the influence of alcohol or drugs with unsafe blood alcohol concentration
driving with any measurable controlled substance
negligently operating a vehicle resulting in death
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 subsection 3 of Utah code 53-3-227
a revocation or suspension which has been extended
where disqualification is the result of driving a commercial motor vehicle while the person's CDL is disqualified, suspended, canceled, or revoked
Additionally, a person is guilty of 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 by any state, the United States, or any district, possession, or territory of the United States for violations corresponding to the violations above (from subsection 3).
Lawyers for Driving on a Suspended Driver License in Utah
If you were arrested for a class C or a class B misdemeanor for driving with a suspended driver license, contact an experienced criminal defense attorney at Brown, Bradshaw & Moffat.
Contact us to discuss how to defend and contest the charges, which could include 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.
Frequently Asked Questions: Driving While License Suspended in Utah
1Is driving on a suspended license a felony or a misdemeanor in Utah?
In Utah, driving while your license is suspended, revoked, or denied is typically charged as a Class C misdemeanor under Utah Code § 53-3-227. However, the charge is elevated to a Class B misdemeanor if the suspension was originally due to specific offenses — such as a DUI, refusing a chemical test, or certain other qualifying violations listed in § 53-3-227(3) — including cases where a plea bargain was entered after originally being charged with one of those offenses. While it is rarely a felony on its own, the resulting criminal record can be significant.
2What are the penalties for driving with a suspended license in Utah?
The penalties are determined by the misdemeanor classification:
Class C Misdemeanor: Punishable by up to 90 days in jail and fines up to $750.
Class B Misdemeanor (Enhanced): Punishable by up to six months in jail and fines up to $1,000.
Surcharges: Utah imposes a mandatory state surcharge on top of the base fine under Utah Code § 51-9-401. For a standard Class C misdemeanor DWLS conviction, the surcharge is 35% of the base fine. The higher 90% surcharge applies to felonies, Class A misdemeanors, DUI-related offenses, and certain Class B misdemeanors — the rate that applies depends on how your charge is classified.
3Can I go to jail for a first-time suspended license offense in Utah?
Yes. While jail is not mandatory for a first-time Class C misdemeanor, it is legally permissible. If your charge is elevated to a Class B misdemeanor because your suspension was alcohol-related, judges are more likely to impose jail time or supervised probation — as they may view the offense as a violation of a court-ordered DUI sanction.
4How does a suspended license charge affect my Utah driving record?
A conviction triggers an automatic administrative action by the Utah Driver License Division (DLD). Under Utah Code § 53-3-220(2), the DLD is required to extend your suspension for an additional like period — for example, if you were serving a six-month suspension, another six months will be added. Each subsequent offense can result in an additional extension of up to one year per occurrence.
5How can a lawyer help me with a driving while suspended charge?
A defense attorney can assist in several key ways:
Verifying DLD Records: Sometimes suspensions remain on record due to clerical errors or unrecorded reinstatement fees — issues an attorney can identify and correct.
Challenging the Stop: If the initial traffic stop lacked reasonable suspicion, the evidence may be suppressed.
Facilitating Reinstatement: Often, if an attorney can help you resolve the underlying issues — such as unpaid tickets — and get your license reinstated before your court date, prosecutors may be willing to reduce the charge to a non-criminal No Valid License infraction.
DISCLAIMER: The information in this document is for general educational purposes only and does not constitute legal advice. Consult a qualified attorney regarding your specific situation. Contacting Brown, Bradshaw & Moffat does not create an attorney-client relationship.
Our office will contact you as soon as possible to arrange for you to discuss the facts of your case with an experienced criminal defense attorney in Salt Lake City, Utah. The use of this form for communication with our personnel does not establish an attorney-client relationship.
