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Utah DUI LAW

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Alcohol Restricted Driver

Utah Department of Public Safety - Driver License Division

Effective July 1, 2005, it is a violation of the "Alcohol Restricted Driver" law UCA 41-6a-530 to operate a motor vehicle with any measurable or detectable amount of alcohol in the body when your driving privilege has been suspended or revoked for one of the following offenses:

Driving under the influence of alcohol or drugs (DUI) (UCA 41-6a-502)
Alcohol or drug related reckless driving (UCA 41-6a-512)
Per-se arrest (UCA 53-3-223)
Refusal to submit to a chemical test (UCA 41-6a-520)

An individual's Alcohol Restricted Driver status will become effective on the date of suspension or revocation for one of the above listed sanctions and will remain in effect for a period of 2 years, 5 years, 10 years, or life-time depending on the offense and/or number of occurrences. Alcohol Restricted Driver applies to the sanctions that occurred prior to July 1, 2005, excluding the following:

Per-se arrest (UCA 53-3-223) - 2 year ARD status
Refusal to submit to a chemical test first offense (41-6a-520) - 5 year ARD status
Felony DUI (UCA 41-6a-502) - life-time ARD status
Automobile homicide (UCA 76-5-207) - life-time ARD status

This new law is similar to the "Conditional License" law, UCA 53-3-232; however, effective July 1, 2005, the Driver License Division will no longer issue Conditional Licenses due to legislative changes. Those who possess a Conditional License after July 1, 2005 will still be cited for a violation of 53-3-232 if found to be operating a motor vehicle with alcohol in the body. If an individual is an "Alcohol Restricted Driver", law enforcement will be notified of the restriction via computer rather than the restriction being placed on the driver license.

Utah drunk driving cases require expert help to reach a successful conclusion. Both the DLD Hearing and the DUI court case involve specialized issues that require a DUI lawyer who concentrates on Utah DUI defense. Get a FREE consultation from an Expert Utah DUI lawyer