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).

 

 

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.

Utah Code 78A-6-606

 

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

Fill out the forms in the Required forms for the moving party section below.

  • If you are over 18, you will fill out the Statement of No Unlawful Alcohol Consumption.
  • If you are under 18, that form is filled out by your parent or guardian.

File the documents in the court in which you were convicted. That might be a district court, juvenile court or justice court. Copies of the documents filed with the court must served 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. Service is governed by Utah Rule of Civil Procedure 5. See the Serving Papers web page for more information.

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 a Memorandum Opposing Motion with the court arguing that the court should not grant your motion. Those documents will be served on you. If the opposing memorandum presents a new matter, you can file a Reply Memorandum Supporting the Motion in response.

The court might hold a hearing. If the court holds a hearing, the parties will be able 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 than these for suspending or revoking your license, it will not be reinstated.

Motions are governed by Utah Rule of Criminal Procedure 12 and Utah Rule of Juvenile Procedure 19A through 19C.

 

Forms

Some forms may not apply in all cases.

Required forms for the moving party

  • 1123XX
  • 1124XX
  • 1110GE
    (filed after all documents have been filed, or the time has passed for the prosecutor to respond)
  • 1125XX
  • 1126XX
  • 1127XX

Optional forms for the moving party

  • 1105GE
    (if the prosecutor agrees with the motion)
  • 1106GE
    (if the prosecutor has disagreed with the motion and presented a new matter in their response, and the moving party wishes to respond)
  • 1111GE
    (if a hearing is requested)

 

Back to Top