QUESTION
I was charged in Utah with a DUI, the DMV is standing by their decision do I have any legal footing in this case?
Asked on Feb 20th, 2013 on DUI/DWI - Utah
More details to this question:
I was charged in Utah with a DUI (second) Submitted to chemical testing and the results indicated that I was well over the legal limit. Requested a DMV hearing and lost my license for 2 years. The twist in this case is that the arresting officer said that he turned in two full vials of blood as is standard for Utah. However, three witnesses were present when the blood draw was done and the officer was only able to draw less than one full vial of blood. The short version of this story is that the evidence was not admissible because the prosecutor was either not able or unwilling to prove that the blood was mine. The DMV has refused to reinstate my license but the evidence they used to suspend it was crap.
2 ANSWERS
1 Award
Yes, you may still get your license back if you can manage a not guilty verdict in trial, or a plea to a lesser charge. The Driver's License Division has to reinstate your license once you get a favorable proceeding in the criminal court.
Answered on Feb 25th, 2013 at 1:39 AM
Estate Planning Attorney serving Provo, UT
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Randy M. Lish, Attorney at Law
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Your only option is to request a court hearing. You need to consult an attorney to see if you are still within the time limits.
Answered on Feb 24th, 2013 at 11:49 PM