Utah Driver License Division - Salt Lake: (801)965-4437 / Toll Free: (888)353-4224
Driving Under the Influence (DUI)
Effective July 1, 2011 Senate Bill 28 changes the suspension periods for drivers under the age of 21 based on actions for a Per-Se arrest under UCA 53-3-223 or a Not-a-Drop arrest under UCA 53-3-231. These actions are administrative in nature, and are not based on a criminal conviction of DUI, but the arrest report itself.
Suspension periods for DUI and metabolite court convictions will remain the same; however, the individual may petition the court for a shortening of the suspension period for a first offense for a violation of 41-6a-502 (DUI) or 41-6a-517 (metabolite) if certain conditions have been met.
If a driver is under the age of 19 at the time of arrest, the following suspension periods will be imposed for a first offense:
- Not-a-Drop arrest - 1 year suspension effective 30 days from arrest date
- Per-Se arrest - 2 year suspension effective 30 days from arrest date
If a driver is age 19 or 20 at the time of arrest, the following suspension periods will be imposed for a first offense:
- Not-a-Drop arrest - 6 month suspension effective 30 days from arrest date
- Per-Se arrest - 6 month suspension effective 30 days from arrest date
Changes will be made to suspension periods that have already been imposed for an arrest that occurred on or after July 1, 2009 to apply the suspension periods listed above retroactively. In addition, new letters will be sent once the records have been modified in order to notify individuals of their new eligibility dates for reinstatement of these suspension types.
If a driver is under age 21 at the time of arrest and refuses to submit to a chemical test, the license will be revoked until the person is 21 years of age for a period of 2 years, whichever is longer, for a first offense, previously 18 months. This change will apply only to arrests that occur on or after July 1, 2011.
With this new law there were no changes made to the suspension periods for drivers age 21 or older. They remain the same:
If a driver is 21 or older at the time of arrest, the following suspension periods will be imposed for a first offense:
- Per-Se arrest - 120 days
- Refuse to submit to a chemical test - 18 months
If a driver is 21 or older and has a second or subsequent arrests, the following suspension periods will be:
- Per-Se arrest - 2 years
- Refuse to submit to a chemical test - 36 months
Any person being convicted of a DUI violation will be interlock restricted:
- Driver age 21 or over at the time of arrest - 18 months
- Driver under 21 of age at the time of arrest- 3 years
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.