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:
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.
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.
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:
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