Utah DUI LAW

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"No Alcohol" Conditional License Law Information

On July 1, 1998, a new law went into effect. The "No-Alcohol" Conditional License Law (UCA 53-3-232) affects you. You have been convicted or sanctioned for one of the offenses listed below. When you reapply and receive a conditional license you will retain full driving privileges, except you are prohibited from having any alcohol in your system when you drive. The specific "qualifying convictions" or sanctions are:

  1. Driving under the influence (DUI) - (UCA 41-6-44)
  2. Driving with any measurable controlled substance in body, or metabolite - (UCA 41-6-44.6)
  3. Refusal to submit to a chemical test - (UCA 41-6-44.10)
  4. Alcohol-related reckless driving - (UCA 41-6-44(9))
  5. Automobile homicide - (UCA 76-5-207)

Effective July 1, 2005, the Driver License Division will no longer issue conditional licenses. The "Alcohol Restricted Driver Law", which is effective July 1, 2005, replaces the "No-Alcohol" Conditional License Law. If an individual has already obtained a Conditional License, the "No Alcohol" Conditional License Law is still applicable to them and it is still a violation of UCA 53-3-232 to drive with any alcohol in the system. Effective July 1, 2005, drivers who have not obtained a Conditional License that have had an alcohol related sanction will be prohibited from driving with any alcohol in the system under the "Alcohol Restricted Driver Law" (UCA 41-6a-530).

COMMON QUESTIONS:

What Is A "No Alcohol" Conditional License?

  • You must not drive with any alcohol in your system.
  • The constraint period will be in effect for two (2) years from the issue date of the conditional licenses for a first "qualifying conviction", and ten (10) years from the issue date of the condtional license for a second or subsequent "qualifing conviction".

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Will This Constraint Show On My Driver License Certificate?

  • Yes. You must apply for a new driver license when eligible. The "no alcohol" conditional license information will be encoded on your new driver license certificate.
  • Insurance companies and employers will not have access to this information, but it will be available to law enforcement, courts and other legitimate requesters.

How will this affect my driving privilege?

  • When the constraint becomes effective, you will retain all other privileges associated with your driver license type, endorsements, and restrictions.
  • You must not drive with any alcohol in your system.

What will happen if i violate the conditional license?

  • A conviction for a violation of the "No Alcohol" Conditional License Law will result in a one (1) year revocation of your driving privilege.
  • When eligible, you may apply for a new driver license. You will have a ten (10) year "no alcohol" constraint upon reinstatement.

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Since i'm licensed in another state, how will this affect me?

  • If you do not have an current Utah Driver License, the "no-alcohol" constraint will not be in place.
  • However, should you decide to apply for a Utah Driver License, the constraint period will go into effect for either two or ten years.

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.

 

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