We all know that young people under the age of 21 are not legally permitted to consume alcohol. Because of their lack of experience drinking alcohol, younger drivers are likely to become impaired faster and the effects of alcohol are likely to be more pronounced. Therefore, young people face more dangers from driving after consuming even a small amount of alcohol.
At the same time, younger drivers lack experience driving. Being under the influence of alcohol lowers inhibitions and makes the driver take more risks. For these reasons, Utah has enacted special driving under the influence (DUI) provisions that apply to a driver under the age of 21 who is impaired by drugs or alcohol.
*Update: Utah Governor Gary Herbert signed HB 155 into law changing the legal blood alcohol level from 0.08 to 0.05. The Bill will take effect December 30, 2018.
Attorneys for the Zero Tolerance DUI in Salt Lake City, UT
If you were charged with Utah's Zero Tolerance DUI, then contact an experienced criminal defense attorney at Brown, Bradshaw & Moffat, LLP in Salt Lake City, UT. Our attorneys are experienced in fighting different types of drunk and impaired driving cases. We understand the penalties associated with this form of DUI and the best way to effectively fight the charges.;
Call(801) 532-5297for a free consultation to discuss your case today.
Utah Zero Tolerance DUI Information Center
Zero Tolerance DUI - Utah Code Ann. § 53-3-231
Suspension Times for Drivers Under 21
Additional Resources
Zero Tolerance DUI - Utah Code Ann. § 53-3-231
Under Utah Code Ann. § 53-3-231, under the “Not-A-Drop” statute, any person younger than 21 years of age is subject to a no tolerance provision related to drinking and driving. A driver in this age group may not operate a motor vehicle or motorboat with any amount of alcohol in the body.
A first violation results in a 6-month license suspension. A second or subsequent violation within three years results in a two-year license suspension.
Suspension Times for Drivers Under 21
If the driver is under the age of 21 at the time of the arrest, then the administrative suspension periods for drivers depend on whether the case involves a Per-Se arrest under UCA 53-3-223 or a Not-a-Drop arrest under UCA 53-3-231.
If the 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 two (2) years, whichever is longer, for a first offense.
For a driver who is 19 or 20 years old at the time of the traffic stop, the following suspension periods will be imposed for a first offense:
Not-a-Drop arrest – six (6) month suspension effective 30 days from arrest date
Per-Se arrest – six (6) month suspension effective 30 days from arrest date
For a driver who is 18 years old or younger 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
"Not a Drop" DUI Impounds for Drivers under 21 Years Old
Utah law prohibits anyone under the age of 21 from drinking "a drop" of alcohol. When an under-aged person is stopped by a police officer, their vehicle may be impounded if the driver has been drinking. The vehicle can be impounded even if the driver's blood alcohol level is lower than Utah’s standard for a DUI. The owner of the vehicle is still the one required to obtain the release.
The owner of a vehicle impounded under the "Not A Drop" law is subject to the same procedure as other "DUI" impounds. To obtain a release, the vehicle owner, or authorized agent, must:
Present a photo I.D. to establish their rights as the legal, registered owner of the impounded vehicle;
Provide a copy of the TC-540, Vehicle Impound Report, which is provided by the arresting officer.
Pay an administrative fee in addition to any other taxes or fees due.
The administrative fee must be paid, regardless of whether or not the owner was the driver arrested for DUI. The Driving Under the Influence (DUI) impound release fee and the Boating Under the Influence (BUI) impound release is $400.00.
Additional Resources
53-3-231. Zero Tolerance DUI for a Person under 21 - Visit the website of the Utah State Legislature to learn more about Utah’s Public Safety Code under Chapter 3 of the Uniform Driver License Act. Read more about Section 53.3.321 for persons under 21 who operate a vehicle or motorboat with a detectable amount of alcohol in their body. The website also provides information on chemical testing procedures.
Attorney in Salt Lake County for Underage 21 DUI
If you were given a citation for a violation of the Not a Drop Section (53-3-231) then contact an experienced criminal defense attorney. The attorneys at Brown, Bradshaw & Moffat, LLP are experienced in fighting DUI cases involving a driver who is under the age of 21 years old.
Call(801) 532-5297 today for a free consultation to discuss your case today.
Frequently Asked Questions: Utah Zero Tolerance DUI Laws Under 21
1What is Utah's "Not a Drop" Zero Tolerance law?
Utah's "Not a Drop" law is codified under Utah Code § 53-3-231. It prohibits individuals under 21 from operating or being in actual physical control of a motor vehicle or motorboat with any measurable blood, breath, or urine alcohol concentration as shown by a chemical test. Violations result in administrative license suspension and may result in criminal DUI charges.
Utah's adult per se DUI limit is 0.05% BAC. The statute sets no numeric BAC floor for minors. The Driver License Division applies an administrative threshold of 0.02% BAC in practice. The law covers motor vehicles, motorcycles, ATVs, and motorboats.
2What are the penalties for an underage DUI in Utah?
Under Utah Code § 53-3-231, the administrative penalty for a first-time violation is a license denial or suspension for 6 months or until the person turns 21, whichever is longer, beginning 30 days after the date of arrest.
Under § 53-3-231(11), reinstatement requires the individual to obtain an assessment and recommendation from a substance abuse program, and complete any recommended educational series or treatment programs, at the person's own expense.
3Does Utah's Zero Tolerance law apply to passengers under 21?
No. Utah Code § 53-3-231 applies only to individuals who operate or are in actual physical control of a vehicle or motorboat. Underage passengers cannot have their licenses suspended under this statute simply for riding along.
However, an underage passenger may still be cited under Utah Code § 32B-4-409, which prohibits a minor from purchasing, attempting to purchase, soliciting another to purchase, possessing, or consuming alcohol, or having any measurable amount of alcohol in their body. This may result in a license suspension.
4Can my license be suspended if I refuse a breathalyzer under 21?
Yes. Under Utah's implied consent law, Utah Code § 41-6a-520, any individual operating a motor vehicle is deemed to have consented to chemical tests of their breath, blood, urine, or oral fluids.
If an operator under 21 refuses to submit to a lawful chemical test, the Utah Driver License Division will revoke their driving privilege for two years or until the individual reaches age 21, whichever is longer. Under Utah Code § 41-6a-520.1, if an officer secures a warrant after an initial refusal, continuing to refuse a chemical blood test is a distinct criminal offense.
5Will a Zero Tolerance DUI stay on my permanent record?
A "Not a Drop" action under Utah Code § 53-3-231 is an administrative license sanction recorded on the Utah Driver License Division record. For a first offense, § 53-3-231(9) provides that after the operator license is reinstated, the DLD report authorized under § 53-3-104 may not contain evidence of the denial or suspension, provided the person has not been convicted of any other qualifying offense.
Whether a separate criminal charge is filed — such as a DUI under Utah Code § 41-6a-502 or minor in possession under § 32B-4-409 — depends on the facts and prosecutorial discretion. A criminal conviction under either statute creates a permanent criminal history record. DUI offenses under Title 41, Chapter 6a, Part 5 are excluded from the standard traffic expungement process; any expungement must follow the Utah Criminal Expungement Act, Utah Code § 77-40a.
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