Utah Code Ann. § 53-3-232, Utah law mandates that the Driver License Division issue a no alcohol conditional license to any person convicted of a qualifying offense once that person has completed any applicable license suspensions or revocations, or upon conviction if no suspensions or revocations result from the conviction.
In Utah, the driver licenses display information regarding no alcohol conditional status. Qualifying offenses that trigger the no alcohol conditional license include:
Driving with any measurable controlled substance in the body; or
Automobile homicide.
The “No Alcohol Conditional License” means that the holder of this type of license is prohibited from operating a motor vehicle or motorboat with any alcohol in the person’s body regardless of whether the person’s BAC exceeds the legal limit or not. The restrictions remain in place for two years following a first qualifying conviction or six years following a second or subsequent conviction.
A violation of the no alcohol conditional license is a class B misdemeanor. Driver licenses in Utah display information regarding their conditional status. The back of the license in the bottom right-hand corner contains the words “Conditional License Until [date].”
Find an Attorney for No Alcohol Conditional License
If you were charged with a class B misdemeanor for a violation of the no alcohol conditional license in Salt Lake City or the surrounding areas of Utah, then contact an experienced criminal defense attorney. We represent clients for a variety of serious criminal traffic violations.
Frequently Asked Questions About Alcohol Restricted Driver Status in Utah
1What is an Alcohol Restricted Driver in Utah?
An Alcohol Restricted Driver (ARD) is a person whose driving privilege is legally restricted from operating any motor vehicle or motorboat with any measurable or detectable amount of alcohol in their system. Unlike the standard BAC limit that applies to most drivers, this zero-tolerance restriction under Utah Code § 41-6a-529 means any detectable amount of alcohol is a violation, regardless of the specific percentage.
The restriction applies to persons convicted of DUI, alcohol-related reckless driving, impaired driving, automobile homicide, or certain other qualifying offenses, and it applies automatically to all drivers under 21 years old, novice learner drivers, and novice licensed drivers.
2How can I tell if I have an Alcohol Restricted Driver status?
The ARD restriction is not indicated on the physical license card. Instead, it is recorded on the driving record, and the driver is notified of the restriction by mail. Law enforcement officers have computer access to driving records and can determine whether ARD status applies during a traffic stop.
A driver who is unsure whether the restriction applies to them can contact the Utah Driver License Division to confirm their record and the applicable end date.
3How long does the Alcohol Restricted Driver status last?
Under Utah Code § 41-6a-529, ARD status applies for as long as a qualifying conviction or event falls within the following lookback windows:
Within the last 2 years — a first misdemeanor DUI, alcohol-related reckless driving, or impaired driving conviction, or an administrative license suspension for an alcohol-related offense.
Within the last 3 years — a conviction for an ARD violation or an ignition interlock violation.
Within the last 5 years — a Class A misdemeanor DUI conviction, an administrative license revocation for refusal to submit to a chemical test, or a misdemeanor conviction for refusal to submit to a chemical test.
Within the last 10 years — a qualifying offense committed within 10 years of a prior qualifying offense, or a felony conviction for refusal to submit to a chemical test.
At any time (no expiration) — a conviction for automobile homicide under Utah Code § 76-5-207, or a felony DUI occurring on or after July 1, 2005.
ARD status is not a fixed-length restriction that begins running from a conviction date. It applies for as long as the underlying conviction or event falls within the applicable lookback window described above.
4What happens if I violate my Alcohol Restricted Driver status?
Violating the ARD restriction is a class B misdemeanor under Utah Code § 41-6a-530. A person found operating or in actual physical control of a vehicle with any measurable or detectable amount of alcohol in their system while restricted faces:
Criminal penalties: potential jail time of up to 6 months and a fine of up to $1,000, under the general misdemeanor sentencing provisions at Utah Code § 76-3-204 and § 76-3-301.
License consequences: revocation of driving privileges and an extended period of ARD status upon reinstatement.
Ignition interlock: a conviction requires the court to order installation of an ignition interlock system as a condition of probation under Utah Code § 41-6a-518, or explain on the record why such an order would not be appropriate.
An ARD violation is a criminal offense that carries jail exposure, fines, and consequences for driving privileges. Because of this, individuals facing an ARD violation charge typically consult a criminal defense attorney to understand the charge and their options.
A criminal defense attorney can review the circumstances of the stop, examine the evidence used to establish the alleged violation, explain the applicable law and procedure, and represent the defendant throughout the criminal court process.
DISCLAIMER: The information in this document is for general educational purposes only and does not constitute legal advice. Consult a qualified attorney regarding your specific situation. Contacting Brown, Bradshaw & Moffat does not create an attorney-client relationship.
Our office will contact you as soon as possible to arrange for you to discuss the facts of your case with an experienced criminal defense attorney in Salt Lake City, Utah. The use of this form for communication with our personnel does not establish an attorney-client relationship.
