Driver License Division
Driving Under the Influence (DUI)
Effective July 1, 2009 Senate Bill 272 Second Substitute increases the driver license suspension periods for certain driving under the influence offenses committed on or after July 1, 2009.
- If this is your first DUI and you are 21 or older on the date of arrest, the suspension period changed from 90 days to 120 days
- If this is your second or subsequent DUI and you are 21 or older on the date of arrest, the revocation period changed from one (1) year to two (2) years
- If you are 21 or older and refused to submit to a chemical test and have had a previous sanction for certain alcohol related offenses, the revocation period changed from 24 months to 36 months
- If you are under 21 on the date of arrest and this is your first DUI, the suspension period is changed from 90 days to 120 days or until you are 21, whichever is longer
- If you are under 21 on the date of arrest and this is your second or subsequent DUI, the revocation period is changed from one (1) year to two (2) years or until you are
- If you are under 21 and refused to submit to a chemical test, the revocation period is for 18 months or until you are 21, , whichever is longer
- If you are under 21 and refused to submit to a chemical test and have had a previous sanction for certain alcohol related offenses, the revocation period is 36 months or until you are 21, whichever is longer
- If you are 21 or older on the date of arrest and are convicted of a DUI violation you will be interlock restricted for a period of 18 months.
- If you are under 21 on the date of arrest and are convicted of a DUI violation you will be interlock restricted for a period of 3 years.
The courts can require that a minor's driver license be suspended for one (1) year if a minor has violated certain alcohol related offenses for the first time and the violation was on or after July 1, 2009, and a period for two (2) years for a second or subsequent violation. It also allows the court to reduce a minor's driver license suspension for a first offense if the minor completes an educational series obtained at a substance abuse program that is approved by the Division of Substance Abuse and Mental Health.
Alcohol Restricted Driver Information
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.
The driver history record of an Alcohol Restricted Driver is updated to reflect the restriction and the driver is notified of the restriction by mail. 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 and there will also be a three (3) year Alcohol Restriction (ARD) added.
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 a 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 only.
- 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 (1) year.
CAN I OBTAIN A LIMITED LICENSE?
- You must be violation free for at least one year to be eligible for a limited license. Click here for more information.