ARD – Alcohol Restricted Driver
Effective on July 1, 2005, the Utah legislature enacted the "Alcohol Restricted Driver Law." Under the law in Utah, an “alcohol restricted driver” may not operate or be in actual physical control of a vehicle with any measurable or detectable amount of alcohol in the person’s body.
If a person classified as "ARD" is caught driving a motor vehicle, the law provides for harsh penalties and punishments.
Effective on December 30, 2018, a new law in Utah provides that a driver (regardless of age) is an alcohol restricted driver when:
- the driver has a learner permit in connection with a first-time license application; or
- an individual with a foreign license applying for a first-time license who has not completed the license application process.
Under this new law, once the licensing requirements have been met and the license is issued, these individuals are alcohol restricted for a period of two years from the license issue date. Utah's new law for the ARD does not apply to individuals with prior driving experience in another state who are applying for a first-time license in Utah.
Attorney for ARD Crimes in Salt Lake City, UT
If you were charged with driving as an alcohol restricted driver under §41-6a-529, then contact an experienced criminal defense attorney in Salt Lake City at Brown, Bradshaw & Moffat, LLP. Our attorneys represent clients on a wide range of criminal offenses including driving and traffic offenses related to driving on a revoked or suspended driver's license or driving without an ignition interlock device when required.
Call our attorneys to learn more about ARD penalties and punishments, ways to avoid the typical penalties and the best defenses to fight the charges aggressively. While the driver is classified as ARD, the driver is forbidden from driving with any detectable amount of alcohol in their system as provided in Utah Code Section 41-6a-529.
Call (801) 532-5297 today to discuss the case.
Requirements for the Alcohol Restricted Driver
The length of time that a driver is classified as an alcohol restricted driver depends on whether it is a first DUI conviction or a second or subsequent conviction. The length of the ARD can also depend on the type of DUI conviction that occurred including:
- two (2) years for a first DUI as provided in §41-6a-502 and for any Alcohol-Related Reckless (for violations prior to July 1, 2008), or Impaired Driving (§41-6a-502.5);
- two (2) years for any per se DUI offense (§53-3-223), but if the per se version of DUI is for drugs or metabolites only, then the ARD does not apply.
- three (3) years for any driving without an IID if an IRD (§41-6a-518.2) or driving with alcohol in the body if an ARD (§41-6a-530) offense;
- five (5) yearsfor:
- a first Refusal to Submit to Test (§41-6a-521); or
- Class A misdemeanor DUI (§41-6a-502);
- ten (10) years for 2nd offense, if:
- the 2nd offense is DUI (§41-6a-502);
- Alcohol-Related Reckless (only violations prior to July 1, 2008);
- Impaired Driving (§41-6a-502.5); or
- Refusal to Submit to Chemical Test (§41-6a-521); and
- 1st offense is DUI (§41-6a-502);
- Alcohol-Related Reckless (only violations prior to July 1, 2008); or
- Impaired Driving (§41-6a-502.5);
- lifetime ARD is imposed for any:
- Felony DUI (§41-6a-502); or
- Automobile Homicide (§76-5-207).