What is an alcohol restricted driver in Utah?
If you are an alcohol restricted driver in Utah, you can’t have any measurable alcohol in your system and drive a car, motorcycle, ATV, or boat. This means that going to bar and having one drink and driving home with any measurable amount of detectable alcohol in your system is a Class B Misdemeanor.
How do you become an alcohol restricted driver?
The following offenses will cause you to be an alcohol restricted driver:
Note that minors under 21 years old are always alcohol restricted drivers.
Duration of alcohol restriction in Utah?
You will be an alcohol restricted driver in Utah for the following time periods:
For two years if you have been convicted of the following offenses within the last two years:
(1). Misdemeanor DUI under Utah Code Ann. 41-6a-502 (2020).
(2). Impaired driving under Section 41-6a-502.5 (2020).
(3). A violation described in (1) and (2), even if the severity grade has been reduced under a Rule 402 reduction motion.
(4). Any out-of-state conviction if substantially similar to a Utah conviction that would consider you an alcohol restricted driver. You are also an alcohol restricted driver if you were convicted in a military court-martial.
For five years if you have been convicted of the following offenses within the last five years:
(1). You had your driver’s license suspended for refusing a breathalyzer.
(2). You refused a breathalyzer or blood draw under Utah Code Ann. 41-6a-520(7) (2020).
(3). You have been convicted of a Class A DUI.
For ten years if you have been convicted of the following offenses within the last ten years:
(1). Three DUIs in 10 years. A felony DUI.
(2). Felony level refusing a blood draw or breathalyzer under Utah Code Ann. 41-6a-520(7) (2020).
Lifetime Alcohol Restricted Driver for any of the following convictions:
(1). Automobile homicide after 2005.
(2). a felony violation of Section 41-6a-502 for an offense that occurred on or after July 1, 2005
What if I am arrested with alcohol in my system while driving?
Utah alcohol restricted driver convictions carry a Class B Misdemeanor, up to 6 months in jail and a fine, and 12 months court probation. There will likely be a substance abuse evaluation with any treatment follow-through. If you are required to have an interlock device, you can also be charged with an additional interlock violation, which is a Class B Misdemeanor.
See the full statute below:
Effective 7/1/2020
41-6a-529. Definitions — Alcohol restricted drivers.
(1) As used in this section and Section 41-6a-530, “alcohol restricted driver” means a person who:
(a) within the last two years:
(i) has been convicted of:
(A) a misdemeanor violation of Section 41-6a-502;
(B) alcohol, any drug, or a combination of both-related reckless driving under Section 41-6a-512;
(C) impaired driving under Section 41-6a-502.5;
(D) local ordinances similar to Section 41-6a-502, alcohol, any drug, or a combination of both-related reckless driving, or impaired driving adopted in compliance with Section 41-6a-510;
(E) a violation described in Subsections (1)(a)(i)(A) through (D), which judgment of conviction is reduced under Section 76-3-402; or
(F) statutes or ordinances previously in effect in this state or in effect in any other state, the United States, or any district, possession, or territory of the United States which would constitute a violation of Section 41-6a-502, alcohol, any drug, or a combination of both-related reckless driving, or impaired driving if committed in this state, including punishments administered under 10 U.S.C. Sec. 815; or
(ii) has had the person’s driving privilege suspended under Section 53-3-223 for an alcohol-related offense based on an arrest which occurred on or after July 1, 2005;
(b) within the last three years has been convicted of a violation of this section or Section 41-6a-518.2;
(c) within the last five years:
(i) has had the person’s driving privilege revoked through an administrative action for refusal to submit to a chemical test under Section 41-6a-520, which refusal occurred on or after July 1, 2005;
(ii) has been convicted of a misdemeanor conviction for refusal to submit to a chemical test under Subsection 41-6a-520(7); or
(iii) has been convicted of a class A misdemeanor violation of Section 41-6a-502 committed on or after July 1, 2008;
(d) within the last 10 years:
(i) has been convicted of an offense described in Subsection (1)(a)(i) which offense was committed within 10 years of the commission of a prior offense described in Subsection (1)(a)(i) for which the person was convicted;
(ii) has been convicted of a felony violation of refusal to submit to a chemical test under Subsection 41-6a-520(7); or
(iii) has had the person’s driving privilege revoked for refusal to submit to a chemical test and the refusal is within 10 years after:
(A) a prior refusal to submit to a chemical test under Section 41-6a-520; or
(B) a prior conviction for an offense described in Subsection (1)(a)(i) which is not based on the same arrest as the refusal;
(e) at any time has been convicted of:
(i) automobile homicide under Section 76-5-207 for an offense that occurred on or after July 1, 2005; or
(ii) a felony violation of Section 41-6a-502 for an offense that occurred on or after July 1, 2005;
(f) at the time of operation of a vehicle is under 21 years of age; or
(g) is a novice learner driver.
(2) For purposes of this section and Section 41-6a-530, a plea of guilty or no contest to a violation described in Subsection (1)(a)(i) which plea was held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance, prior to July 1, 2008, is the equivalent of a conviction, even if the charge has been subsequently reduced or dismissed in accordance with the plea in abeyance agreement.
Amended by Chapter 177, 2020 General Session
