A Utah DUI Can Cost You
More Than Your License
For non-citizens, a DUI arrest in Utah can trigger consequences far beyond fines and jail time — including the loss of your right to remain in the United States. Understanding what's at stake is the first step to protecting yourself.
Call (801) 645-5008 — Free ConsultationTime-Sensitive: After a DUI arrest in Utah, you have only 10 days to request a Driver License Division hearing or your license will be automatically suspended. If you are a non-citizen, do not wait — every day matters.
Driver's License Consequences in Utah
A DUI arrest in Utah triggers two separate proceedings that can affect your license — one through the Driver License Division (DLD), and one through the criminal courts. Both can result in suspension, and both must be addressed immediately.
| Situation | License Consequence | Additional Requirement |
|---|---|---|
| 1st Offense DUI (21+) | 120-day suspension | Ignition Interlock Device (IID) for 120 days |
| 2nd Offense DUI (within 10 years) | 2-year revocation | IID required; possible 24/7 Sobriety Program |
| Refusal of Chemical Test | 18 months (1st) / 36 months (2nd) | Automatic administrative revocation |
| Underage DUI (under 21) | Until age 21 or 1–2 years, whichever is longer | Zero tolerance enforced under "Not a Drop" law |
| Commercial CDL Driver | Minimum 1-year CDL disqualification | Even if offense occurred in a personal vehicle |
| Out-of-State Driver | Utah privileges suspended | Home state notified under Interstate License Compact |
The 10-Day Hearing Window
You must request a DLD hearing within 10 days of arrest. Miss this window and your license is automatically suspended — no hearing, no chance to fight it.
Ignition Interlock Device
Most Utah DUI convictions require installation of an IID in your vehicle — at your own expense. The device requires a clean breath sample before your car will start.
Driving on a Suspended License
If caught driving after a DUI-related suspension, you face a Class B Misdemeanor for a first offense — with escalating penalties for repeat violations, including additional jail time.
Reinstatement Requirements
Getting your license back requires completing alcohol education programs, paying reinstatement fees, and in most cases installing and maintaining an IID for the required period.
Immigration Consequences of a Utah DUI
If you are not a U.S. citizen — whether you hold a green card, a work or student visa, or are undocumented — a DUI arrest or conviction in Utah can have severe, life-altering immigration consequences. Many people assume a DUI is just a traffic matter. It is not. It is a criminal conviction that immigration authorities take very seriously.
On June 26, 2025, the U.S. House of Representatives passed H.R. 875 — the "Protect Our Communities from DUIs Act of 2025." If signed into law, this bill would make any DUI conviction — including misdemeanors and past convictions — a deportable offense for all non-citizens, including lawful permanent residents. It would also make non-citizens inadmissible if they admit to ever having driven under the influence, even without a conviction. The bill has moved to the Senate. If you are a non-citizen with any DUI history, act now — do not wait to see what happens.
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Undocumented Immigrants — Highest Risk
A DUI arrest can immediately trigger ICE involvement and deportation proceedings. Even a charge — not just a conviction — can lead to detention. Local law enforcement increasingly shares information with immigration authorities. There is no safety net here. You must have both a DUI defense attorney and an immigration attorney working together from the moment of arrest.
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Green Card Holders (Lawful Permanent Residents)
A DUI conviction — especially one involving drugs, injury, or a second offense — can place your green card status in serious jeopardy. Under H.R. 875, even a first-offense alcohol DUI could become deportable. Green card holders who travel outside the U.S. after a drug-related DUI conviction risk being denied re-entry at the border.
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Visa Holders (Work, Student, Tourist Visas)
A DUI arrest can result in your visa being revoked or cancelled — even while you are still in the United States. Future visa applications can be denied. If you are on an H-1B, F-1, or other employment-based visa, your employer and status may be jeopardized. Tourist visa holders may be refused re-entry on any future visit to the U.S.
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DACA Recipients
A DUI conviction can render you ineligible to renew DACA protections. A significant misdemeanor or felony DUI disqualifies you from DACA consideration. Any criminal charge should be addressed immediately with both a DUI attorney and an immigration attorney.
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Those Seeking Citizenship or a Green Card
A DUI arrest — even without a conviction — will appear on your record and must be disclosed on immigration applications. It can cause major delays, requests for additional evidence, or outright denial. A pending DUI case during a citizenship or green card application creates significant complications that require immediate legal attention.
What Immigration Authorities Can Do
Deportation / Removal
A conviction for certain DUI offenses — drug-related DUI, multiple DUIs, DUI with injury — can result in removal proceedings. Under H.R. 875, any DUI conviction could become grounds for deportation.
Expedited Removal
Multiple DUIs or a drug-related DUI can lead to expedited removal — meaning deportation without a hearing. You may have little or no opportunity to contest it.
Immigration Detention
The Laken Riley Act (2025) requires detention of non-citizens charged with DUI accidents causing serious injury or death. ICE detention can begin before any criminal conviction.
Denied Re-Entry
If you travel outside the U.S. after a drug-related DUI conviction, you may be denied re-entry at the border — even as a lawful permanent resident.
Visa Revocation
A DUI arrest or conviction can trigger immediate visa cancellation or revocation, affecting your right to remain in the country and any future visa applications.
Citizenship Denial
Immigration officers consider DUI convictions as evidence of poor moral character — a requirement for naturalization. A DUI on your record can result in citizenship denial.
When Immigration Is at Stake, You Need Two Attorneys — Not One
Glen W. Neeley is an experienced Utah DUI defense attorney — and he will fight hard to get your DUI charge reduced or dismissed. But when immigration status is involved, DUI defense alone is not enough.
The intersection of criminal law and immigration law is highly complex. A plea deal that looks favorable from a criminal defense standpoint can be catastrophic for your immigration status. Certain charges, certain plea language, and certain sentencing lengths carry specific immigration consequences that only an immigration attorney can fully evaluate.
Glen strongly recommends that any non-citizen facing a DUI charge retain a qualified immigration attorney alongside DUI defense counsel. Both attorneys must work together from the earliest stages of the case — before any plea is entered — to ensure that every decision takes into account both your criminal defense and your immigration future.
- Do not accept any plea offer without immigration counsel reviewing it first
- Do not make any statements to law enforcement or immigration authorities without an attorney present
- Do not travel outside the United States while charges are pending
- Contact Glen immediately — early intervention gives both attorneys the most options
Why Fighting the DUI Itself Is Your Best Defense
The single most effective way to protect your immigration status is to avoid a DUI conviction entirely. A dismissed charge or an acquittal eliminates the immigration consequences. Glen W. Neeley builds aggressive defenses focused on every weakness in the prosecution's case.
Challenge the Stop
If the officer lacked reasonable suspicion to pull you over, all evidence gathered after that stop may be inadmissible — including breath or blood test results.
Challenge the Test Results
Breath and blood tests must follow strict legal and scientific protocols. Equipment calibration, chain of custody, and proper procedures are all grounds for challenge.
Challenge Field Sobriety Tests
FSTs must be administered per NHTSA standards. Medical conditions, uneven surfaces, and poor instructions can all invalidate the results used against you.
Pursue Evidence Suppression
Constitutional violations — failure to advise Miranda rights, unlawful search and seizure — can result in suppression of key evidence and dismissal of the charge.
Your Future Is Worth Fighting For.
Whether you're a citizen or not, a DUI charge demands immediate, experienced defense. Call Glen W. Neeley now — available 24 hours a day, 7 days a week.
(801) 645-5008 Schedule a Free ConsultationAvailable 24/7 · Statewide Utah Representation
Legal Disclaimer: This page is for general informational purposes only and does not constitute legal advice. Immigration law is complex and fact-specific. Non-citizens facing DUI charges should consult both a qualified DUI defense attorney and a licensed immigration attorney. Glen W. Neeley is licensed to practice law in the State of Utah and does not practice immigration law.