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Finding a Felony Defense LawyerChoosing a Misdemeanor Defense LawyerDrug and Alcohol Crimes Defense LawyerWhite Collar Defense Attorney for Utah ChargesAttorney for Expungements Reductions and PardonsDefendant Constitutional Rights Criminal LawyerBail and Bond Alternatives in UtahReasons for Hope Facing Criminal Charges

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.


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  • 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 402 Reduction Attorney Felony Reduced - Client with prior felony conviction was granted a 402 reduction to the misdemeanor level over the objection of the prosecutor. Based on information provided to the court in support of the defense motion, the judge ruled in favor of the defense.
  • Violent Crimes Assalt Defense UtahProbation - Client charged with aggravated robbery based on allegations he entered a store with a gun and mask and demanded cash. Client confessed to police before hiring a defense attorney. Defense mitigation efforts resulted in a negotiated resolution that removed life in prison as a possibility, and secured a probation sentence from the court.
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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
560 South 300 East, Suite 200, 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

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