A Plea in Abeyance (or PIA) is an agreement between the defendant and the prosecutor in a criminal case. It involves the defendant and prosecutor agreeing to specific terms that the defendant will complete in order to prevent the charges from going on their criminal record.

Once, the defendant and prosecutor have come up with an agreement, the judge holds the agreement in place until all the agreed upon terms are completed.

Typical PIA terms may include:

A Plea in Abeyance’s terms is usually a combination of the two or three terms listed above. However, it is rarely just one of the terms.

The pleas for any given charge will also vary person-to-person and county-to-county. An  PIA agreement for  someone in one county may differ from the agreement given to someone in another county. However, many PIAs are held for at least 6 to 12 months.

Is a PIA a conviction?

No. A PIA does not go on your record like a flat-out guilty plea does. It allows the judge to dismiss your charges once you’ve completed your end of the agreement.

Getting a Plea in Abeyance is similar to getting a speeding ticket and then going to traffic school in order to keep the ticket from going on your driving record.

Can I expunge a PIA?

Yes. Read our information about expungements here.

Click here, to read the official definition of a Plea in Abeyance in Utah.

This kind of plea deal is one of the most ideal outcomes other than a case dismissal. Hiring an attorney is the best way to go if you want to get a deal like a Plea in Abeyance.

Call us today (801) 990-4200

This post will cover how the result of your case in court will affect your license. The previous post discussed the possible driver’s license consequences from the Driver License Division (DLD).

What if DLD already suspended my license?

If you are convicted of DUI in court the court will send notice of that conviction to DLD. When the DLD receives notice it will suspend your license for 120 days for a first offense. However, if your license was already suspended by the DLD before you went to court, your suspension will be reduced by the amount of the suspension that you have already served. In other words, if the DLD suspends your license for 120 days on a first offense, then a conviction for DUI is not going to extend that time. You will still have only a 120-day suspension.

Often in DUI cases a DUI attorney can negotiate a reduction of your DUI charge to a charge called Impaired Driving. If the DLD suspended your license for 120 days for a first offense, then pleading guilty to Impaired Driving will actually reduce your suspension to 60 days.

What if the DLD didn’t suspend my license?

In some cases the DLD will not suspend your license at the administrative hearing. If you are then convicted of a first DUI, the court will send notice of your conviction to the DLD and the DLD will suspend your license for 120 days based on your conviction.

If your attorney was able to negotiate a plea to a reduced charge of Impaired Driving, the court will send notice of this to the DLD and the DLD will not suspend your license as long as you meet one condition: You must not have committed an additional violation of the law resulting in a conviction of Impaired Driving or Reckless Driving within the past 12 months.

Contact a Utah DUI Attorney

Most cases are very complicated and almost never as simple as this post may make it seem. If you have questions about your driver license, you should contact a Utah DUI Attorney to ask questions about your case. Call Intermountain Legal at 801-990-4200 for a free consultation or contact us online here.

Driver License Division (DLD)

If you have been arrested in Utah for DUI, the police officer has a duty to inform you about your right to a Driver License Hearing. You have ten calendar days from the day of your arrest to request a Driver License Hearing. Once your request has been made, the DLD must hold your hearing within 30 days of your arrest unless there is good cause to do otherwise.

DLD Hearing

This hearing is an opportunity for you to challenge your driver’s license suspension. A DLD employee, called a Hearing Officer, will conduct a hearing at which the police officer will testify and you or your attorney will have an opportunity to cross-examine the police officer. You will also have an opportunity to testify. You should always consult with an attorney before testifying at a DLD hearing to evaluate your risk of making incriminating statements that could harm your criminal case.

Standard of Proof

The hearing officer will determine whether the police officer has reasonable grounds to believe that you were in violation of the DUI statute. The standard of proof “reasonable grounds” is a very low standard of proof. Much lower that the criminal standard of “beyond a reasonable doubt,” and lower than “clear and convincing” or even “preponderance of the evidence.” Reasonable grounds is not defined. It probably means something like, “to the hearing officer’s satisfaction.” This is a very low standard, which means that it is easy for police officers to meet their burden and most of the time the DLD will suspend a person’s license. You may wonder if it is even worth requesting a hearing if the standard of proof is so hard to overcome. Another benefit to having a hearing is that your attorney has an opportunity to cross-examine the police officer. Any information your attorney can get out to the police officer at the DLD hearing may be helpful for your court case.

Driver License Suspension

The DLD will suspend your license for 120 days for a first offense if any of the following occur:

• You fail to request a DLD hearing within 10 days of your arrest
• You fail to show up at your scheduled hearing
• The hearing officer finds that the police officer had reasonable grounds to believe you were violating the DUI law.

The DLD will not suspend your license if any of the following occur:

• You request a hearing, show up, and the police officer fails to appear
• The hearing officer finds that the police officer did not have reasonable grounds to believe you were violating the DUI law.

If you are facing a DUI charge in Utah you should contact a Utah DUI Attorney to see how this charge can affect your driver license.

Struthers is due in court on December 14 to face charges of Operating Under the Influence (OUI), a charge she has denied. Aside from the fact that OUI in Ogunquitwould make a great title for her next show, the OUI designation is itself somewhat interesting, as only Maine and Rhode Island use this variation on the more familiar DUI (Driving Under the Influence, used in 34 states and the District of Columbia) or DWI (Driving While Intoxicated, used in 10 states). And in case you are curious, Ohio alone uses OVI (Operating a Vehicle while Impaired), while Wisconsin, Indiana, and Iowa use Operating While Intoxicated, or OWI. So, who needs Sleepless in Seattle when you can have OVI in Ohio and OWI in Iowa?

Here in Utah, the violation is known as DUI, and frankly, Ms. Struthers should be thankful her mishap did not occur here. In Maine the minimum penalties for a first-time offense include a $500 fine and 90 days license suspension, with no jail time unless there are aggravating factors and classes only required at the discretion of the judge; in Utah, the minimums are a $1,295 fine, 120 days license suspension, 48 hours of jail time or community service, and mandatory classes.

What Works: Never drive “buzzed.”  Most people cannot tell when their own blood alcohol is above the legal limit. If they feel okay and haven’t had many drinks, they will often decide it is okay to drive.  But even when they don’t feel drunk and they haven’t had very much to drink other factors can put them over the limit.  For example, if a person weighs less than average and hasn’t had anything to eat in the last couple of hours, two drinks can push their BAC over the legal limit. Also, if a person feels fine when they get behind the wheel, their blood alcohol can continue increasing as they drive home. Or, if someone is on certain types of medication, that can intensify the negative effects of alcohol.  So, if you have been drinking it is always best to have a designated driver or call a cab. If you have been charged with a DUI, please contact and Salt Lake DUI Attorney.