Police vehicle lights behind a stopped car on a Utah highway at dusk

Arrested for DUI in Utah? What to Do in the First 10 Days

Criminal Defense

Arrested for DUI in Utah? Your next steps matter—especially during the first 10 days. A DUI arrest in Pleasant Grove, American Fork, Lehi, Orem, Provo, or elsewhere in Utah County can lead to both criminal charges and a separate proceeding involving your driving privileges. A Utah DUI lawyer can help you understand the evidence, deadlines, and potential consequences before you make important decisions.

Time-sensitive: The Utah Driver License Division (DLD) states that a person arrested for DUI has 10 days to request an administrative hearing. Do not assume your criminal court date protects your license. Use the official Utah DLD DUI Hearing Request page.

1. Identify the 10-Day Utah DUI Hearing Deadline

One of the most consequential mistakes after a Utah DUI arrest is confusing the criminal court case with the driver’s-license case. The criminal prosecution is heard in court; the administrative case is handled by the Utah Department of Public Safety’s Driver License Division. Each proceeding has its own rules, evidence, and consequences.

Utah Code § 53-3-223 provides for notice of the division’s intention to suspend a driver’s license and a process for requesting a hearing. The DLD provides an official DUI Hearing Request Form and online submission option. Requests made after the deadline require additional explanation, and a late hearing is not assured.

Our dedicated guide explains the Utah DUI Hearing Request Form, DLD notice, and administrative license proceedings.

2. Keep Your Citation, Notice, and Arrest Documents

Gather the citation, any temporary driver-license document, the officer’s notice, impound paperwork, and any information showing the date and location of the arrest. Write down the next court appearance and the date you submitted any DLD hearing request. Keeping these documents together can help counsel identify the precise charge and applicable deadlines.

3. Understand Utah’s 0.05% DUI Law

Utah’s DUI statute, Utah Code § 41-6a-502, generally provides for a DUI charge when a driver has a blood or breath alcohol concentration of 0.05 or greater under the applicable statutory standard. A person may also face DUI allegations based on impairment from alcohol, drugs, or a combination of both that makes safe operation impossible.

That means a DUI case is not always simply about whether a breath test reads above 0.05. The state’s theory, driving observations, chemical testing, and other evidence can affect the defense.

4. Do Not Assume a First DUI Is Minor

A first DUI arrest can carry serious potential consequences, including fines and surcharges, jail or community-service requirements, screening or treatment requirements, and driver’s-license restrictions. The actual consequences depend on the charge, evidence, prior record, and circumstances; aggravating factors and more serious classifications can change the analysis.

For example, Utah’s published traffic and DUI guidance describes potential penalties for first offenses, while the current statutes and sentencing provisions control individual cases. If this is your first arrest, read our First-Offense DUI Defense guide.

5. Preserve Evidence That May Matter to Your Defense

A DUI defense should begin with a review of what happened before and after the stop, not just the number on a test. Depending on the allegations, useful evidence may include:

  • The officer’s stated reason for stopping the vehicle and the events leading to arrest.
  • Body-camera or dash-camera recordings, witness information, and dispatch records.
  • Field-sobriety observations and any testing instructions or conditions.
  • Breath or blood testing methods, records, timing, and legal procedures.
  • The arrest report, citations, notices, and any relevant medical information.

Not every issue creates a viable defense. An attorney should compare the evidence against the statutory requirements and applicable constitutional protections.

6. Consider the Effects Beyond Criminal Court

A DUI allegation may affect commuting, employment, commercial driving, professional licensing, insurance, and household responsibilities. Administrative driving restrictions can develop separately from the criminal case. Don’t assume a favorable court result automatically resolves an administrative suspension—or the reverse.

7. Contact a Utah County DUI Defense Lawyer Early

Early legal advice can help identify deadlines, obtain available evidence, and evaluate realistic options. Rogers & Russell represents clients facing DUI charges in Utah County, including matters in Pleasant Grove, American Fork, Lindon, Lehi, Orem, and Provo. Our DUI defense work includes reviewing the criminal accusation and discussing related DLD issues.

Need help after a DUI arrest? Call 801-899-6064 to discuss your charge, court date, and license-hearing deadline, or request a consultation. For more information, visit our Utah DUI Defense Attorney page.

Frequently Asked Questions About Utah DUI Arrests

How long do I have to request a Utah DUI hearing?

The Utah DLD says a person arrested for DUI has 10 days to request an administrative hearing. Review your actual notice and use the official DLD hearing-request process promptly.

Can I be charged with DUI below 0.05% BAC?

Potentially, yes. Utah law also addresses impairment by alcohol or drugs to a degree that renders the person incapable of safely operating a vehicle. The applicable facts and statutory theory matter.

Will a first DUI conviction automatically mean jail?

Utah law imposes minimum sentencing requirements in specified circumstances, but the exact sentence and available lawful alternatives depend on the charge and case. Have a lawyer review the current statute and your situation.

Is a DLD hearing the same as my DUI court hearing?

No. The DLD administrative driver-license matter is distinct from the criminal prosecution. Both may require timely attention.

This article provides general legal information, not advice for a particular case. Laws, procedures, deadlines, and outcomes depend on the individual facts. Contacting the firm does not create an attorney-client relationship.

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Utah Winter Driving Safety: Tips to Help Prevent Serious Accidents

Personal Injury

Winter driving in Utah County can get dangerous quickly. Here’s how to prepare your vehicle, avoid preventable accidents, and protect yourself if you’re injured in a crash.

Utah winter driving safety should be on every driver’s mind as temperatures drop and snow begins to accumulate in the Wasatch Mountains. From icy roads in Pleasant Grove to snow-packed highways throughout Utah County, winter conditions can turn an ordinary commute into a dangerous situation.

At Rogers & Russell, PLLC, we want our neighbors to stay safe this winter. As Pleasant Grove personal injury attorneys, we’ve put together some practical Utah winter driving safety tips to help you prepare your vehicle, reduce the risk of accidents, and understand your rights if another driver’s negligence causes a collision.

Here are a few things every Utah driver should know before the snow starts falling.

1. Check Your Tire Tread Before the First Big Storm

Your tires are your vehicle’s only point of contact with the road. When roads become wet, snowy, or icy, adequate tread becomes especially important.

Worn tires can reduce traction and make it harder to stop or maintain control of your vehicle.

Before winter arrives, take a few minutes to inspect your tires. Look for uneven wear, visible damage, and insufficient tread depth. If you’re unsure whether your tires are ready for winter, a local tire shop can help evaluate them.

And remember: having four-wheel drive doesn’t mean your vehicle can stop faster on ice.

2. Understand Utah’s Winter Tire and Traction Requirements

If you regularly drive through Utah’s canyons, understanding traction requirements is particularly important.

The Utah Department of Transportation can impose traction restrictions when weather conditions make certain roads hazardous.

Depending on the vehicle and conditions, drivers may need qualifying tires, chains, or other approved traction devices.

Even vehicles equipped with all-wheel drive or four-wheel drive must comply with applicable requirements.

Before heading into the mountains, check current road conditions and restrictions through UDOT.

3. Utah Winter Driving Safety Starts With Slowing Down

One of the simplest ways to reduce your risk of a winter accident is to increase your following distance.

Snow and ice can dramatically increase stopping distances. Even vehicles with good tires and modern safety systems can lose traction.

As winter weather arrives, remember to:

  • Reduce your speed when road conditions deteriorate.
  • Leave additional room between your vehicle and the one ahead.
  • Avoid sudden braking, acceleration, and sharp turns.
  • Watch for ice on bridges, overpasses, and shaded roads.
  • Give yourself extra travel time.

A few additional minutes on the road are a small price to pay for arriving safely.

4. What Happens If Another Driver Causes an Accident on Icy Roads?

Here’s something many Utah drivers don’t realize: Bad weather doesn’t automatically excuse a driver from responsibility for causing an accident.

Every driver has an obligation to operate their vehicle with reasonable care under the circumstances. That includes adjusting their driving to account for snow, ice, visibility, and traffic.

If someone is traveling too fast for icy conditions, following too closely, or otherwise driving carelessly, they may be responsible for injuries resulting from a collision.

Of course, every accident is different. Determining fault depends on the specific facts and Utah law.

5. What Should You Do If You’re Injured in a Winter Car Accident?

Even a seemingly minor collision can lead to significant injuries, medical bills, and missed work.

If you’re involved in an accident this winter, your first priority should always be safety and medical attention.

Once you’re safe, there are several steps that can help protect your interests:

Document the accident. If it is safe to do so, photograph the vehicles, road conditions, skid marks, and surrounding area.

Get medical attention. Some injuries, including concussions and soft-tissue injuries, may not be immediately apparent.

Keep your records. Save medical bills, insurance correspondence, towing receipts, repair estimates, and documentation of missed work.

Be cautious about quick settlements. An insurance company may offer a settlement before you fully understand the extent of your injuries or future treatment needs.

Understand your legal options. If another driver caused the accident, you may have a claim for compensation beyond what your own insurance initially covers.

Injured in a Car Accident? We’re Here to Help.

At Rogers & Russell, PLLC, we’re more than a law firm serving Utah County. We’re part of this community.

We know the roads, the neighborhoods, and the challenges local families face when an unexpected accident disrupts their lives.

If you’ve been injured in a collision in Pleasant Grove, American Fork, Lehi, Lindon, Orem, Provo, or the surrounding communities, we can help you understand your rights and evaluate your options.

You shouldn’t have to face insurance companies and complicated legal questions alone while trying to recover from an injury.

Contact Rogers & Russell, PLLC at (801) 899-6064 to schedule a free consultation about your car accident.

Stay safe out there, Utah County. And remember, when accidents happen, having someone local in your corner can make a difference.

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Understanding Your Rights After a Car Accident: A Comprehensive Guide

Uncategorized

Rogers & Russell Know how to help after a Car Accident

Car accidents can be life-altering events, leaving victims with physical injuries, emotional trauma, and financial burdens. Navigating the aftermath of a car accident can be overwhelming, but understanding your rights and the legal process can help you make informed decisions. This guide aims to provide valuable insights into what you should do after a car accident and how an attorney can assist you.

Immediate Steps to Take After a Car Accident

  1. Ensure Safety: The first priority is to ensure the safety of everyone involved. Move to a safe location if possible and call emergency services.
  2. Seek Medical Attention: Even if you feel fine, it’s crucial to get a medical evaluation. Some injuries may not be immediately apparent.
  3. Document the Scene: Take photos of the accident scene, vehicle damage, and any visible injuries. Collect contact information from witnesses.
  4. Report the Accident: Notify the police and file an accident report. This documentation will be essential for your claim.

Understanding Liability and Fault

Determining who is at fault in a car accident is critical for your claim. Fault can be influenced by various factors, including traffic laws, road conditions, and driver behavior. An experienced attorney can help gather evidence, such as traffic camera footage and witness statements, to establish liability.

The Role of Insurance Companies

Insurance companies play a significant role in the aftermath of a car accident. However, their primary goal is to minimize payouts. Here are some tips for dealing with insurance companies:

  • Do Not Admit Fault: Avoid making statements that could be interpreted as admitting fault.
  • Be Cautious with Settlements: Insurance companies may offer quick settlements that are lower than what you deserve. Consult with an attorney before accepting any offers.
  • Keep Records: Maintain detailed records of all communications with insurance companies, including emails and phone calls.

Types of Compensation

Victims of car accidents may be entitled to various types of compensation, including:

  • Medical Expenses: Coverage for hospital bills, rehabilitation, and ongoing medical care.
  • Lost Wages: Compensation for income lost due to the inability to work.
  • Pain and Suffering: Damages for physical pain and emotional distress.
  • Property Damage: Reimbursement for vehicle repairs or replacement.

Why You Need an Attorney

Navigating the legal complexities of a car accident claim can be challenging. An experienced attorney can:

  • Provide Legal Advice: Offer guidance on your rights and the best course of action.
  • Negotiate with Insurance Companies: Advocate on your behalf to ensure you receive fair compensation.
  • Represent You in Court: If necessary, take your case to court to fight for your rights.

Conclusion

Car accidents can have a profound impact on your life, but you don’t have to navigate the aftermath alone. By understanding your rights and seeking the assistance of a skilled attorney, you can ensure that you receive the compensation you deserve. If you or a loved one has been involved in a car accident, contact our office today for a free consultation.

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When Should I File For Bankruptcy?

Latest News

One of the most crucial questions that must be answered when considering bankruptcy is: When should you file? The answer is, as with many things in the law: it depends.

The reason this questions is so critical is because when you file a bankruptcy, everything you own, with few exceptions, passes into what is called a bankruptcy estate. The property that is included in your bankruptcy is governed by section 541 of the bankruptcy code. This code provision was drafted, and has since been interpreted by the courts, to take the most EXPANSIVE view possible as to what constitutes property of your bankruptcy estate.

Typically, your bankruptcy is made up of every interest, whether legal (on paper) or equitable (in fairness). That means: “the car isn’t in my name. . . .” doesn’t work. You have to include everything, including interest you may not intend to even assert in property, land, commissions earned but not received, and even contracts signed between two people. The bankruptcy estate can, in some instances, surprisingly include property that you obtain after filing for bankruptcy.

The chapter under which you are filing and your prospects for future earnings, projects, businesses, and even tax refunds must be considered when filing a bankruptcy.

A good bankruptcy attorney should be able to answer the timing question after gathering some facts about your situation. Here at Rogers & Russell, we can usually answer this question during the initial FREE consultation. If you meet with a bankruptcy attorney that can’t answer this question, definitively run the other way.

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Will the IRS Settle My Tax Debt?

Latest News

The IRS does have a program whereby you can settle (or “Compromise” as the IRS calls it) your tax debt.

We all dread paying our taxes, right? To offset the burden we face each April, we rely on our employers, or ourselves if self-employed, to withhold or make estimated payments throughout the year in hopes that we don’t owe once that tax return is filed. Even better, for those of who over withhold or qualify for certain credits, a refund from the government is to be expected. However, life doesn’t always provide an easy way to pay our taxes. We may need to pay less throughout the year so that we can cover our immediate needs, and when April rolls around the money just isn’t there to pay over. Or our business is fighting to stay afloat during hard times, making it seem impossible to pay taxes when expected. Believe it or not, the IRS does have a heart, and there are options available to just about everyone who needs a way out.

One of these options, and the one most people are looking for, is the IRS’s Offer in Compromise. You’ve probably heard the commercials or seen the ads online informing the public of the IRS’s “Fresh Start Program” wherein the IRS will settle for pennies on the dollar. What those ads are referring to is the Offer in Compromise. The Offer in Compromise is a settlement offer made by the taxpayer to the IRS offering to pay a lesser amount than owed. If the IRS accepts the taxpayer’s offer, the balance of the taxpayer’s debt is wiped out, and the taxpayer gets a fresh start.

An Offer in Compromise doesn’t work for everybody though, and you should be skeptical of anyone who tries to tell you otherwise. A thorough analysis of your monthly income and expenses as well as your assets is necessary to determine what can be compromised. Each household is different, and each geographical location comes with its own set of standards. It’s important to carefully provide the IRS with all the data it needs to make an informed decision. Informal offers containing estimates and inaccuracies will not be accepted.

I’ve been able to work with the IRS on Offers in Compromise going on 7 years now. I started by working in a tax clinic during law school and ended up at a law firm where I almost exclusively dealt with the IRS on a daily basis. I’ve been able to settle millions of dollars in tax debt for clients. This is no exaggeration; the IRS, when it is provided a good offer and all the information is valid, will often show its compassionate side and forgive tax debt that cannot realistically be paid. I can usually spot a candidate that I think will be successful during a free consultation. In fact, I usually won’t even submit an offer for a client unless I am pretty sure that it will be accepted. Why pay for something that will most likely fail?

The Offer in Compromise is a great tool for dealing for overcoming crushing tax debt. But it won’t work for everyone. However, there are a number of other options for those who won’t qualify for an offer.

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