Utah's Interdicted Person Law After a DUI

Utah courts now have express authority to designate a person convicted of DUI as an interdicted person: someone legally barred from purchasing alcohol for a set period. The restriction is enforced through the driver license itself. The person surrenders the license or identification card they hold and carries a specially marked one that reads "NO ALCOHOL SALE." This framework took effect through House Bill 437 on January 1, 2026, so it is a consequence recent DUI cases carry that earlier ones did not.

If you are facing a DUI charge in Utah now, interdiction is worth understanding before sentencing, as part of what follows a DUI arrest, because whether a court imposes it and for how long is often a decision rather than a fixed outcome. This page covers what the law does and how the marking is enforced; for the plain definition of the status, see what an interdicted person is. Glen Neeley has defended Utah DUI cases since 1998, is board certified in DUI defense, and serves on the faculty of the National College for DUI Defense.

Who a Court Can Designate

A court may designate a person convicted of DUI as an interdicted person, and for one category of case it must. Which side of that line a case falls on turns on whether the conviction is for an extreme DUI.

Extreme DUI Makes It Mandatory

Under Utah Code 41-6a-501(1)(f), a DUI is an extreme DUI where the driver had a blood or breath alcohol level of .16 or higher, a level of .05 or higher combined with any measurable controlled substance, or two or more controlled substances in the body that were not prescribed or recommended under Utah's medical cannabis provisions. On an extreme conviction, the interdicted designation is mandatory. An extreme result also raises the mandatory jail minimum, so the .16 threshold now carries weight well beyond the single number on the printout, and it is one more reason to contest that reading where the evidence permits. Where the case turns on controlled substances rather than alcohol alone, a drug-related DUI can reach the extreme threshold on its own.

For Other Convictions, the Court Decides

For DUI convictions below the extreme threshold, the court has discretion. Whether the designation is imposed, and for how long, depends on the severity of the offense and the court's findings, which makes it a subject for advocacy at sentencing rather than an automatic result. Where a court suspends a prison sentence and grants probation on an extreme DUI, Utah Code 41-6a-505 directs it to designate the person as an interdicted person for a period not exceeding the probationary period, unless it finds good cause for a shorter or longer term, and to require surrender of the driver license or identification card.

How the Marked License Works

The mechanics are what set interdiction apart from other alcohol restrictions. It is not a database entry that a store queries. It is enforced through the physical card in your wallet, and the process runs in three steps.

• You surrender your current driver license or identification card to the court.
• You apply for a special interdicted license or ID card by appearing at a Driver License Division office, which carries an additional $7.00 administrative fee.
• The interdicted license or ID card is issued with a red banner across the top reading "NO ALCOHOL SALE." Temporary documents carry the same banner in black and white.

Enforcement then happens at the point of sale. Retailers and licensed vendors check identification as a matter of course, and the banner tells them immediately that the person is interdicted. A vendor presented with an interdicted card must refuse the sale or face liability, and Utah's alcoholic product liability provisions expose a provider to civil liability for furnishing alcohol to a known interdicted person, which gives vendors a strong incentive to enforce the restriction.

The practical effect is that the marking is visible any time you show identification, not only when alcohol is involved. A hotel check-in, a rental counter, or a traffic stop all put the banner in front of whoever is looking.

What Is Prohibited, and Which Rule Prohibits It

Clients routinely conflate three separate restrictions that can all follow a DUI. They come from different sources, prohibit different conduct, and carry different consequences, so it is worth keeping them straight.

Interdicted person status, on its own, prohibits purchasing alcohol and makes it unlawful for a vendor to sell or furnish it to you. By its terms it does not bar consuming or possessing alcohol. The consumption ban that most DUI defendants live under comes from a separate source, and the rule against driving with alcohol in the body is a third, independent restriction. The table keeps them apart.

In practice a DUI defendant who is interdicted is usually also under a no-alcohol probation condition and classified as an alcohol-restricted driver, so the working answer is that alcohol is off the table entirely. The distinction still matters, because a violation of one is not the same offense as a violation of another, and each has its own defense.

What a Violation Costs

Purchasing alcohol while interdicted is a criminal offense under Utah's Alcoholic Beverage Control Act, punishable as a class B misdemeanor, up to 180 days in jail and a fine.

Where the interdiction accompanies probation on the underlying DUI, the same purchase will usually also be a probation violation. That is often the more serious exposure, because it puts suspended jail time back in play and can lead to revocation. A single incident can therefore generate a new criminal charge and a probation violation proceeding at the same time.

For a person managing an alcohol dependency, the designation can work as more than a penalty. It removes the option at the point where relapse risk is highest right after a conviction, and documented compliance is useful later, at probation review and eventually in an expungement petition.

How Long It Lasts and How It Ends

The length is set by the court. Utah's statute gives judges discretion, and the period depends on the severity of the offense and the court's findings. In the extreme DUI probation context, the designation generally runs no longer than the probationary period unless the court finds good cause otherwise.

Because the duration is a judicial determination rather than a fixed statutory term, it is a legitimate subject for argument at sentencing, alongside the rest of what a first offense carries and the terms attached to it. Questions about the length of a particular interdiction period should be directed to the court that imposed it.

When the period ends, the process is administrative rather than adversarial. You apply to the Driver License Division for a duplicate license or identification card without the interdicted marking. There is no compliance hearing or removal petition built into the ordinary expiration of the period. Shortening a period before it expires would mean returning to the sentencing court.

Voluntary Interdiction

Utah also permits a person to become interdicted voluntarily, without any court order. The person applies for a renewal or duplicate license or identification card and completes an interdicted person agreement form. A voluntary interdicted license must be maintained for at least 30 days before the person can reapply for a non-interdicted license or identification card.

This option carries no criminal consequence and is not a penalty on its own. It exists for people in recovery who want an external barrier at the point of sale.

Frequently Asked Questions About Interdiction

Talk to Glen Neeley About Your Case

If interdiction may be part of your DUI case, the time to address it is before sentencing, while the designation and its length are still open to argument. Glen Neeley handles each Utah DUI case personally and works statewide. Call for a free, confidential consultation, available 24/7.