Motion to Shorten Period of Driver’s License Suspension or Denial

This webpage applies only to 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—of 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.)

Defendants with more than one conviction/adjudication do not qualify. Defendants 21 years of age or older on the date of the offense do not qualify.

This webpage does not include information about the administrative process for reinstating or issuing a driver’s license if the motion is granted. For that information, contact the Driver License Division (publicsafety.utah.gov).



Talk to an Attorney

You are not required to hire an attorney, but shortening the period of a driver’s license suspension or denial can be complicated. Consider talking to an attorney to go over your options. One way to talk to an attorney is to visit a free legal clinic. Clinics provide general legal information and give brief legal advice. You might also hire an attorney for just part of your case or to do one particular thing, rather than represent you for the whole case. For more information, see our webpage on Finding Legal Help.


Conditions to Qualify

If your driver’s license has been suspended or denied as part of a sentence for your first conviction/adjudication of 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.) you can ask the court that sentenced you to shorten the period of the suspension or denial. You do not qualify after a second conviction/adjudication or if you were 21 or older on the date of the offense.

To qualify for shortening the period of a driver’s license suspension or denial, you must meet the following conditions:

  • You have completed at least six months of the suspension or denial.
  • You have completed the drug or alcohol screening that was ordered as part of your sentence and:
    • if the screening found an assessment to be appropriate, you have completed the assessment;
    • if the assessment found substance abuse treatment to be appropriate, you have completed the substance abuse treatment; and
    • if you were ordered to complete a drug or alcohol educational series you have completed the series.
  • During the period of license suspension or denial you have not been convicted of a violation of any motor vehicle law in which you were the operator of the vehicle.
  • You have not unlawfully consumed alcohol during the period of license suspension or denial.
  • You have complied with all orders of the court, and, if you were placed on probation, all terms of your probation.

Drug and Alcohol Screening and Drug and Alcohol Educational Series

A screening is a preliminary appraisal approved by the Division of Substance Abuse and Mental Health used to determine whether the person is in need of an assessment or an educational series. An educational series must be at a substance abuse program that is approved by the Division of Substance Abuse and Mental Health. See Utah Code Section 41-6a-501.


Procedures

Motions are governed by Utah Rule of Criminal Procedure 12. There is no rule governing motions in juvenile court, so URCrP 12 applies in juvenile court as well. File the Motion to Shorten Period of Driver’s License Suspension or Denial and the required affidavit in the court in which you were convicted. That might be a district court, juvenile court or justice court. Serve the motion and affidavit on the office that prosecuted the offense. That might be a city attorney or a county attorney. The name of the court and of the prosecuting office will be on the judgment of conviction in district court or justice court and on the order of adjudication in the juvenile court. For more information about service, see our webpage on Serving Papers.

Some courts have more formal procedures than others. The prosecutor might object to shortening the period of a driver’s license suspension or denial. If so, the prosecutor will file documents arguing that the court not grant your motion. Those documents will be served on you, and you may reply to them.

The court might hold a hearing. If the court holds a hearing, the parties will have the opportunity to present their arguments to the judge orally. If the motion is granted—either with or without a hearing—the court will serve a copy of the order on the Driver License Division. If the Driver License Division has grounds other then these for suspending or revoking your license, it will not be reinstated.


Forms

Some forms may not apply in all cases.

Forms for the moving party

  • Checklist - PDF Document PDF | Word Document Word
  • Motion to Shorten Period of Driver’s License Suspension or Denial - PDF Document PDF | Word Document Word
  • Affidavit of No Unlawful Alcohol Consumption - PDF Document PDF | Word Document Word
  • Stipulation - PDF Document PDF | Word Document Word
  • Memorandum Supporting the Motion - PDF Document PDF | Word Document Word
    (A Memorandum Supporting the Motion is optional unless the judge requires one.)
  • Reply to Statement Opposing the Motion - PDF Document PDF | Word Document Word
  • Request to Submit for Decision - PDF Document PDF | Word Document Word
  • Notice of Hearing - PDF Document PDF | Word Document Word
  • Proposed Findings of Fact and Conclusions of Law - PDF Document PDF | Word Document Word
  • Proposed Order - PDF Document PDF | Word Document Word
  • Notice of Order - PDF Document PDF | Word Document Word
  • Abstract of Record - PDF Document PDF | Word Document Word

Related Information


Page Last Modified: 11/20/2014
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