Have you been convicted of drug possession or possession of drug paraphernalia in Salt Lake City or Elsewhere in Utah? You may be surprised to learn that your license may be suspended for up to six months as a result of your conviction.
Most everyone is aware there are driver’s license consequences for DUIs in Utah but fewer people are aware of driver’s license suspensions for convictions of illegally possessing a controlled substance or possessing drug paraphernalia in Utah. Your license may be suspended for six months even if you weren’t near a vehicle at the time of your arrest.
Utah Code Annotated 53-3-220(1)(c) states (in relevant part): the division shall immediately suspend for six months the license of a person upon receiving a record of conviction for: (A) Tile 58, Chapter 37, Utah Controlled Substances Act (this is where possession of a controlled substance is found); (B) Title 58, Chapter 37a, Utah Drug Paraphernalia Act (this is where possession of drug paraphernalia is found).
How can I avoid or minimize the suspension?
First, the court may not be required to send to the conviction to DLD. If you were not operating a motor vehicle at the time of the incident and are participating in or have successfully completed an approved substance abuse treatment program your license need not be suspended.
It might make sense to enter a treatment program before your case is resolved as to minimize or negate the suspension. DO NOT enter treatment before speaking with an attorney. You can call me for a free consultation and I can tell you whether or not you may qualify for a type of plea that is NOT a conviction and will not suspend your license. Furthermore, if the charges are dismissed at a motion hearing or trial, your license will not be suspended. Before entering potentially expensive treatment, call me for a consultation to discuss your options.
