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 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.
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.
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.