Effective July 1, 2005, the Utah legislature enacted the “Alcohol Restricted Driver Law” that replaced the requirements for a No Alcohol Conditional License. During the time this restriction is in place, the driver must not drive with any detectable amount of alcohol in their body as provided in Utah Code Section 41-6a-529.
Salt Lake City for No Alcohol Conditional License Charges
The public policy rationale behind Utah’s “Alcohol Restricted” License is that drivers with a previously DUI conviction are more likely than other drivers to be arrested again for DUI or cause an alcohol related traffic crash. This public policy rationale has led several other states, including the State of Utah, to enact zero tolerance policies for those convicted of DUI or another qualifying offense.
How to Law Enforcement Officers Know About the Alcohol Restriction?
The driver’s alcohol restricted status is shown on the driving record. The driver is also notified of the restriction by mail. Unlike the “no alcohol” conditional license, 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 officer makes contact with a driver who has alcohol in their system and is ‘Alcohol Restricted’ then the officer will issue a citation for a criminal offense.
What Types of Convictions Cause the Alcohol Restriction?
Under Utah law, the following criminal offenses will cause a driver to be put into the Alcohol Restricted Driver status:
- Refusal to submit to a chemical test after a DUI arrest under Utah’s Criminal Code Section 41-6a-520;
- DUI Per Se under Utah’s Criminal Code Section 53-3-223;
- Driving under the influence (DUI) under Utah’s Criminal Code Section 41-6a-502;
- Impaired driving under Utah’s Criminal Code Section 41-6a-502.5;
- Alcohol restricted driver violation under Utah’s Criminal Code Section 41-6a-530;
- Alcohol-related reckless driving under Utah’s Criminal Code Section 41-6a-528;
- Automobile homicide under Utah’s Criminal Code Section 76-5-207;
- Ignition interlock violation under Utah’s Criminal Code Section 41-6a-518.2.
Violation of the Alcohol Restricted Driver Law
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.