Salt Lake Criminal Defense Attorney Utah
Call Criminal Defense Attorney in Utah
Call Utah Criminal Lawyer
Veteran Criminal Defense Lawyer / Former Prosecutor
Call 801-449-1409 now to see what the right attorney can do for you.
Utah Criminal Defense Lawyer Salt Lake City

Criminal Defense Solutions Start HereSM

Contact Us

How long will a Utah DUI charge stay on my record?

Utah DUI / Drunk Driving Attorney Salt Lake CityA DUI conviction is one of the more difficult charges to clear from your Utah criminal record. Utah law generally provides for a 10-year waiting period for expunging a DUI. But when or whether you can have a DUI conviction expunged from your record can depend on a number of factors. Having the assistance of an experienced Utah criminal defense lawyer can be invaluable as you proceed. Contact us today to schedule an initial consultation with Salt Lake criminal attorney Stephen Howard.

Expunging Felony DUI Convictions in Utah

Utah's expungement eligibility statute prohibits the expungement of a felony DUI conviction. However, if you completed probation successfully in your felony DUI case, you may be eligible to have the level of the conviction reduced to the misdemeanor level using a "402 reduction" motion under Utah Code 76-3-402. Once the conviction is reduced to the misdemeanor level, expungement of the case is then subject to the rules applicable to other misdemeanor DUI convictions.

While a misdemeanor DUI is expungeable under Utah law, the waiting period for eligibility is still longer than for a non-DUI felony charge. Most felony charges require a 7-year waiting period before expungement. But a misdemeanor DUI requires a 10-year waiting period to be eligible for expungement.

Misdemeanor DUI Expungements in Utah

If you have been convicted of a misdemeanor in Utah for a charge of DUI, driving with a measurable controlled substance metabolite, or impaired driving, you may be eligible to have the conviction expunged from your record. However, the waiting period for a DUI or other related charge is much longer than for most other Utah misdemeanor charges.

Whereas most Utah misdemeanor charges can be expunged after 3-5 years, a misdemeanor DUI charge cannot be expunged until 10 years after you complete probation or a jail sentence. This 10-year period corresponds to the 10-year enhancement period for DUI charges. This allows Utah prosecutors to enhance the sentencing consequences for second or subsequent DUI convictions if a person has prior DUI convictions within 10 years of the new charge. A third DUI within 10 years can be charged as a felony.

Finding a Utah Criminal Attorney in Salt Lake

Based in Salt Lake City, criminal attorney Stephen Howard has protected his clients' rights in a wide variety of criminal defense matters, including DUI cases, expungements, and 402 reductions.

For help determining whether you may be eligible for an expungement, or for help with current criminal charges, contact us today to schedule an initial consultation.


Best Rating
Make a Payment to Your Account
Get Help Now
** All fields are required. **
Name: Email: Phone: Describe your legal needs here:
I accept the disclaimer below.
Disclaimer: No attorney-client relationship is established by the use of this form. Confidential or time-sensitive information should not be submitted through this form. By clicking 'submit' I am only requesting that I be contacted for the purpose of obtaining legal services.

This form protected by reCAPTCHA.

  • Selected Victories
  • Criminal Defense Trial AttorneyNot Guilty - Client was charged with aggravated assault for allegedly pointing handgun at and threatening another driver during a road rage incident. Defense investigation and analysis, combined with effective cross-examination at trial indicated the alleged victim was the initial aggressor and suported client's self-defense claim. Jury acquitted client at trial.
  • Minor Possession Alcohol - MIP AttorneyDismissed - Minor in possession charge (MIP) was dismissed by prosecutor when defense analysis demonstrated that the police had failed to obtain necessary evidence against client. Police had raided a large party involving underage drinking. Several individuals were charged, but police did not obtain evidence showing that client had personally consumed or possessed alcohol. Case was dismissed.
  • Utah Expungement Lawyer Expunged - Client with prior conviction for violent felony was ineligible for expungement through the courts. A successful 2-step reduction restored expungement eligibility and ultimately led to the court's decision to grant the requested expungement.
  • Utah Burglary Attorney Dismissal - Client was charged with first-degree felony home burglary and facing potential life in prison. Defense analysis revealed flaws in prosecutor's case which led to abeyance agreement intended to lead to a full dismissal of the case.
  • Recent Posts
  • What to Do When Arrested for DUI What should I do if I am arrested for DUI? - Many DUI cases begin as minor traffic stops. But the consequences of a DUI conviction are much more serious than an ordinary traffic citation. If you are pulled over for a suspected DUI, you have specific important constitutional and statutory rights that can protect your. . . .
  • Utah Misdemeanor Attorney Salt Lake Can I handle a Utah misdemeanor from out-of-state? - Even if you do not intend to take your case to trial, a misdemeanor criminal offense in Utah can require multiple court appearances to reach a resolution. If you have been charged with a crime in Utah, but are not a Utah resident, an experienced criminal defense attorney may be able to help you resolve the case without returning to the state. . . .
Best Criminal Defense Strategy

Aggressive is good. Effective is better. The best defense strategy in any given criminal case can require in-depth analysis of the facts and a thorough understanding of applicable statutes, case law, and complex procedural and evidentiary rules. Having an experienced attorney on your side....

Strategy »
Salt Lake Criminal Defense Attorney Profile Utah

Our criminal defense lawyers have represented clients facing some of the most serious felony charges on the books in Utah. Whether you are facing prosecution for felony or misdemeanor charges, you can be assured that our attorneys have the experience, knowledge, and determination necessary to help you achieve the results you need. Choosing the best defense attorney for your case will be one of the most important decisions you make....

Experience »
Conviction Consequences in Utah Criminal Prosecutions

Jail time, prison time, thousands of dollars in fines, and the lifetime collateral consequences of having a criminal conviction on your record - all of these and more are at stake when you are facing criminal prosecution in Utah. Understanding what is at risk is critical. Even so-called "minor" misdemeanor cases can have serious consequences....

Consequences »
Utah Criminal Defense Attorney - Reasons to Hope

Never give up hope. Being charged with a crime is not the same as being convicted. And it is usually not the end of the world. While the consequences of a criminal charge can be serious, there are often several options and strategies for handling your case. Understanding your options and how an experienced criminal lawyer can help....

Reasons to Hope »
Home | Attorney Profile | Case Results | Criminal Code | FAQ | Legal Resources | Defense Strategy | Contact Us

Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.

Attorney Stephen Howard practices as part of the Canyons Law Group, LLC and Stephen W. Howard, PC.

Offices in Salt Lake and Davis Counties
340 East 400 South, Suite 25, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041

Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.

In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.

Stephen W. Howard, PC

The materials in this website are intended for informational purposes only, and are not legal advice. Viewing or responding to materials in this site does not create an attorney-client relationship. Read Full Disclaimer.