Utah DUI Information

A DUI is a very serious criminal charge and has harsh penalties. Nationwide, these penalties are made stricter because DUI or Driving under Influence poses life threat to the driver as well as all others who are on pavements and roads, walking or driving. Utah also has serious and harsh penalties which keep on increasing with subsequent repeat offenses. The first two offenses of Utah DUI are considered to be Class B and Class A misdemeanors. But third and subsequent repeat offenses are graded as Third Degree felony which results in imprisonment of minimum one year. Also, if DUI results in accidents causing serious physical injuries and death, it is a felony crime.

Utah DUI Records

Since Utah DUI charges are considered so seriously, so the records are maintained with utmost caution. Even the online database uses the latest technology of encryption so that the privacy of the information is maintained and respected. The driving records are very important. These records are maintained by Department of Motor Vehicles. Usually, the record is required in two cases- employers often look for driving record to check the background for any history of criminal charges and incarceration, and the insurance companies who check the driving history of their potential client to determine the premium according to the level of risk that can be associated by him or her. The DUI record includes accidents made by the driver, points on license, number of suspensions and revocations of the license etc.

There are three ways to get the history of one’s driving record-in person, mail and online. If you want to collect Utah DUI record personally, you will be required to go to your local DMV. To get the driving record which is called MVR or Motor Vehicle Record in Utah, provide the officials with the some essential information. They are name as written in the latest driving license of Utah State, date of birth, the SSN or Social Security Number, driver’s license number and $6. Driver License Division will immediately give you the print of the record.

This document would not suffice if you are looking for a certified copy. For a certified document, you must fill up the forms DLD60 and DLD266 which can be obtained from http://publicsafety.utah.gov/dld/docs/mvr_request.pdf and http://publicsafety.utah.gov/dld/documents/DLD266-RequestforRecords5-2008_000.pdf respectively. You will also need to pay $10.75. It is not necessary that you will have to be present in person to request for your Utah DUI records. You can sign the form and give an authorizing letter to request for the records on your behalf. Also, if you are presently out of Utah, you can download the form online, fill it up and along with $6, mail it to Department of Public Safety, Driver License Division, P.O. Box 30560, Salt Lake City, UT 84130-0560. The certified documents will be sent to you within four weeks. You can call at (801) 965-4437 to follow up your request.

Under the Driver Privacy Protection Act, your Utah DUI record can be viewed by few permissible viewers. These viewers include insurance companies, and prospective employer. To access your records, they must qualify to be permissible. To know who are eligible to be permissible users, you can visit http://publicsafety.utah.gov/dld/docs/mvr_uses.pdf.

There are number of third party vendors who let you get Utah DUI records online. Neither do you need to stand in queues nor wait for several weeks. In lieu of $30 to $45, you will get the records while sitting at home. Though they claim to send authentic records and hassle free, yet it is recommended to go by governmental source only.

Expungement of Utah DUI Records

A DUI is a criminal offense thus is added to one’s criminal record. Anyone running criminal background history check against that person can get these records. No matter how old the record is, it still exists is the database and does not get expunged automatically. Utah DUI record can be sealed only if at least a month has passed since the arrest and have not been any other, if the court proceedings had been dismissed with you being acquitted, there had been no conviction and you were discharged and since then no further charged had been filed. Also there should be convictions of either only one felony or two misdemeanors of Class A and B and all the penalties of fines and restitution's as per court’s order have been cleared.

If you want to seal or expunge your Utah DUI records, you will require to go by proper civil action which would include plaintiff’s petition as well. To know about the requirements crucial for record expungement, you need to talk to a lawyer who has expertise on DUI of your local jurisdiction. Usually, it takes five years to get the DUI records expunged from the database.

,p>The process starts with obtaining eligibility certificate from Utah Bureau of Criminal Investigation. Time taken from application to get the certificate may take four to six business weeks. Fill up the forms and submit it to the court along with the filing fee. A petition has to be served on Department of Corrections and the prosecuting attorney. After thirty days of serving the petition, if no stipulation is obtained, expungement is granted by the court. Within these thirty days, the prosecuting attorney or the victim can file objection in written. In this case, court orders for an evaluation or sets a date for hearing and notifies the defendant, victim and the prosecuting attorney. And if on hearing court thinks that you can be allowed to get the records expunged, it will approve the petition.

Though the court will dismiss the previous records of DUI in Utah, if Driver License Division of Department of Motor Vehicles of Utah has been reported of any offense, it will remain in the driving record. Points and Insurance Reduction Program (PIRP) can help you reduce the points added to your license and hence improve your driving record. There are private companies who are called course sponsor, scattered through out the state of Utah. They are approved by the DMV, hence when you qualify the time-tested course, it grants the reduction of points and thus cleaning up your record.