Violations of the Alcohol Restricted Driver (ARD) Status
After a conviction for certain alcohol or drug related driving offenses, a Alcohol Restriction is placed on your driving record. That restriction is visibile to any law enforcement officer during a routine traffic stop. If the officer determines that you have any alcohol in your system then you can be cited and arrested for a violation of the alcohol restricted driver designation.
Any driver who is convicted of violating the Alcohol Restricted Driver law will have their driving privilege revoked for a period of one year from the conviction date. An additional three (3) year Alcohol Restriction (ARD) will be added to the driving record.
If you have been cited for violating Utah’s alcohol restrictions, then contact Darren Levitt, an experienced criminal defense attorney in Salt Lake City to discuss possible defenses to the charges.
Utah’s Alcohol Restricted Driver (ARD)
As of July 1, 2005, the “Alcohol Restricted Driver Law” enacted by Utah’s legislature became effective. When the restriction is in place, the driver must not drive with any detectable amount of alcohol in their system as provided in Utah Code Section 41-6a-529.
The Alcohol Restricted status is shown on the driving record. The driver is also notified of the restriction by mail. The driver is no longer required to appear at the Utah Department of Public Safety and obtain a new license to reflect the restriction. Additionally, the driver is not required to appear that the UDPS to have the restriction removed.
Law enforcement officers have computer access to these records in order to determine whether the Alcohol Restricted Driver status exists. If the law enforcement officers makes contact with a driver who has alcohol in their system and is ‘Alcohol Restricted’ then the officer will issue a citation for this criminal offense.
Crimes that Trigger Utah’s Alcohol Restricted Driver Status
Under Utah law, the following criminal offenses will cause a driver to be put into the Alcohol Restricted Driver status:
- Driving under the influence (DUI) under Utah’s Criminal Code Section 41-6a-502;
- DUI Per Se under Utah’s Criminal Code Section 53-3-223;
- Refusal to submit to a chemical test after a DUI arrest under Utah’s Criminal Code Section 41-6a-520;
- Alcohol-related reckless driving under Utah’s Criminal Code Section 41-6a-528;
- Impaired driving under Utah’s Criminal Code Section 41-6a-502.5;
- Automobile homicide under Utah’s Criminal Code Section 76-5-207;
- Alcohol restricted driver violation under Utah’s Criminal Code Section 41-6a-530;
- Ignition interlock violation under Utah’s Criminal Code Section 41-6a-518.2.
Time Periods for Utah’s ARD Status
- A first DUI or impaired driving offense triggers Utah’s two year alcohol restricted driver (ARD) status.
- A first DUI offense with bodily injury, a passenger under the age of 16 or a passenger under the age of 19 if the driver is 21 years old or older triggers Utah’s five year alcohol restricted driver (ARD) status.
- A second DUI or impaired driver offense within 10 years triggers Utah’s 10 year alcohol restricted driver (ARD) status.
- A felony DUI triggers Utah’s life time alcohol restricted driver (ARD) status.
- A violation of the alcohol or ignition interlock restriction triggers Utah’s alcohol restricted driver (ARD) status for an additional three years.
- A refusal to submit to chemical testing after a DUI arrest triggers Utah’s alcohol restricted driver (ARD) status for five years.
- If the driver is under the age of 21 then Utah’s alcohol restricted driver (ARD) status is triggered until the driver turns 21 years old.
Levitt Legal, PLLC || ARD Violation Attorney in SLC
No matter the circumstances of your arrest, it’s critical to understand the legal options available to you. As an experienced DUI lawyer in Salt Lake City, Darren Levitt has helped defend the rights of numerous residents and visitors in Salt Lake City who have allegedly violated their Alcohol Restricted Driver status. To review your case one-on-one with Darren Levitt during a free consultation, call (801) 455-1743 or send an online message.