Alcohol Restricted Driver Information
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The "Alcohol Restricted Driver Law", which became effective July 1, 2005, replaces the "No-Alcohol" Conditional License Law that was implemented on July 1, 1998.
When a driver is ‘Alcohol Restricted’, they must not drive with any alcohol in their system.
Under Alcohol Restricted Driver, the electronic driver history record is updated to show the Alcohol Restricted Driver status, and the driver is notified by mail of the restriction. Law enforcement has access to see the Alcohol Restricted Driver status and will issue a citation when they make contact with a driver who has alcohol in their system and is ‘Alcohol Restricted’. The driver is no longer required to appear and obtain a new license to reflect the restriction, or to appear to have the restriction removed.
If a driver is convicted for a violation of the Alcohol Restricted Driver law, their driving privilege will be revoked for a period of one year from the conviction date.
The following offense types will result in a driver being placed under an Alcohol Restricted Driver status:
- Driving under the influence (DUI) – (UCA 41-6a-502)
- PerSe arrest – (UCA 53-3-223)
- Refusal to submit to a chemical test – (UCA 41-6a-520)
- Alcohol-related reckless driving – (UCA 41-6a-528)
- Impaired driving – (UCA 41-6a-502.5) (Effective 7-1-08)
- Automobile homicide – (UCA 76-5-207)
- Alcohol restricted driver violation – (UCA 41-6a-530)
- Ignition interlock violation – (UCA 41-6a-518.2)
Common Questions
WHAT IS AN “ALCOHOL RESTRICTED” DRIVING PRIVILEGE?
- You must not drive with any alcohol in your system.
HOW LONG WILL I BE ALCOHOL RESTRICTED?
- A DRIVER UNDER THE AGE OF 21 IS AN ALCOHOL RESTRICTED DRIVER;
- Two (2) years for a first conviction for DUI, alcohol related reckless driving, or impaired driving (effective 7-1-08);
- Two (2) years for a PerSe arrest;
- Three (3) years for a conviction for an alcohol restricted driver violation
- Three (3) years for a conviction for an ignition interlock violation
- Five (5) years for first arrest for refusal to submit to a chemical test;
- Ten (10) years for a second conviction for DUI or alcohol related reckless driving or a second arrest for refusal to submit to a chemical test within ten years of a first offense;
- Lifetime for felony DUI or automobile homicide.
WILL THIS CONSTRAINT SHOW ON MY DRIVER LICENSE CERTIFICATE?
NO. THIS RESTRICTION WILL BE INDICATED ON YOUR DRIVING HISTORY.
- Law enforcement, courts and other legitimate requesters will have access to this information.
HOW WILL THIS AFFECT MY DRIVING PRIVILEGE?
YOU MUST NOT DRIVE WITH ANY ALCOHOL IN YOUR SYSTEM.
- The restriction begins on the conviction date of a citation for DUI, alcohol-related reckless driving or automobile homicide, or the effective date of a suspension or revocation for PerSe arrest or refusal to submit to a chemical test.
- Once you are eligible to reinstate your driving privilege, the alcohol restriction will remain in effect until the time period is expired.
WHAT WILL HAPPEN IF I VIOLATE THE ALCOHOL RESTRICTED LICENSE?
- A conviction for a violation of the “Alcohol Restricted” License Law will result in a one (1) year revocation of your driving privilege.
SINCE I’M LICENSED IN ANOTHER STATE, HOW WILL THIS AFFECT ME?
- Although you are not currently licensed in the state of Utah, your privilege to drive in the state of Utah is affected by this law. The alcohol restriction period will apply as listed above if you are driving in the state of Utah, regardless of the state in which you are licensed.
- If convicted for a violation of UCA 41-6a-530, your Utah driving privilege will be revoked for a period of one year.