Unit 08, Lesson 03 - Under Age Drinking, Alcohol-Restricted Driver, Ignition Interlock Restricted Driver
Under Age Drinking
An individual between the ages of 13 and 20 who is convicted in court for possession or consumption of alcohol or for being in a bar and being under age will have their driver license suspended for one year for a first offense and two years for a second or subsequent offense as ordered by the court. If the court orders suspension for a driver under the age of 16, the suspension time will begin on the date of conviction and extend for one to two years from their 16th birthday.
THE “NOT A DROP” ACT PROVIDES THAT A PERSON UNDER 21 YEARS OF AGE DRIVING WITH ANY MEASURABLE AMOUNT OF ALCOHOL IN HIS/HER BODY WILL HAVE ALL DRIVING PRIVILEGES DENIED FOR 120 DAYS OR UNTIL THEY REACH THE AGE OF 21, WHICHEVER IS LONGER, FOR A FIRST OFFENSE. A SECOND OR SUBSEQUENT OFFENSE WITHIN TEN (10) YEARS OF A PRIOR DENIAL WILL RESULT IN LOSS OF DRIVING PRIVILEGES FOR TWO YEARS, OR UNTIL THEY REACH THE AGE OF 21, WHICHEVER IS LONGER. AN INDIVIDUAL WHO HAS NOT YET BEEN ISSUED A LICENSE WILL BE DENIED OR SUSPENDED EVEN THOUGH THEY HAVE NOT YET OBTAINED A LICENSE FOR ONE YEAR OR UNTIL THEY REACH THE AGE OF 21 FOR A FIRST OFFENSE, AND FOR TWO YEARS OR UNTIL THEY REACH THE AGE OF 21 FOR A SECOND OR SUBSEQUENT ARREST.
Alcohol-Restricted Driver When action is taken against a driving privilege for an alcohol-related offense, the driver is placed under an alcohol-restricted status for two (2), three (3), five (5), or ten (10) years depending on the number and type of offenses.
A lifetime alcohol-restricted status will result when a driver is convicted for automobile homicide or a felony DUI.
The alcohol-restricted status begins on the effective date of revocation or suspension for DUI, alcohol-related reckless driving, impaired driving, automobile homicide, per se arrest, refusal to submit to a chemical test, driving with alcohol in the body while on an alcohol restricted status, or driving without an ignition interlock device installed in the vehicle while on an ignition interlock restricted status. Once a driver has reinstated his driving privilege following an applicable alcohol offense, the alcohol-restricted status remains in effect for the two (2), three (3), five (5), or ten (10) year period, or lifetime from the effective date of the original suspension or revocation action. Following reinstatement of the driving privilege, the driver will retain full driving privileges; however, if he/she is convicted of driving with any measurable amount of alcohol during the alcohol-restricted period, the driver license will be revoked for one (1) year.
Ignition Interlock Restricted Driver If you are convicted in court for an alcohol-related offense, the court can issue a court order that requires that you have an ignition interlock device (IID) installed in your vehicle. This would require you to breathe into the device before you would be able to start the vehicle. The court would determine the time frame for the interlock requirement under these circumstances.
Effective May 1, 2006, the Interlock Restricted Driver Law (IRD), 41-6a-518.2 UCA, became effective. When an individual has been convicted of a first DUI, they are automatically restricted to driving a vehicle that has an IID installed for a period of eighteen (18) months from the date of conviction or effective date of the license suspension, or three (3) years if they are under the age of 21 when they are arrested.
When an individual has been convicted of a second or subsequent DUI Impaired Driving, or Alcohol-Related Reckless Driving violation, or they have been revoked for refusal to submit to a chemical test after being arrested for driving under the influence, they are automatically restricted to driving a vehicle that has an IID installed for a period of three (3) years from the date of conviction or effective date of the revocation.
Felony DUI carries a six (6) year IID restriction, and automobile homicide carries a ten (10) year IID restriction.
If an individual operates a vehicle without an IID installed when they are restricted, the vehicle may be impounded. In addition, the driver may be cited for violating the IRD law. A conviction for violating the IRD law will result in a driver license revocation for a period of one (1) year and an additional three (3) year IID restriction from the date of conviction.