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In Utah, it is unlawful for a person under 21 years of age to consume alcohol. Because of this, a person under 21years of age who is arrested for driving under the influence (DUI) is subject to additional criminal charges and driver license suspension. Specifically, a person under 21 years of age who is arrested for driving under the influence may also be charged with being an “Alcohol restricted driver” and “Minor in possession (MIP).” Furthermore, a person under 21 years of age who is arrested for driving under the influence is subject to a driver license suspension under the “Not a drop” standard.

Alcohol restricted driver

In Utah, a person is an “alcohol restricted driver” until their 21st birthday1. A person under 21 years of age who is found to have operated or been in actual physical control of a vehicle in Utah with any measurable amount of alcohol in their body is guilty of the crime of being an alcohol restricted driver.

A person who is found guilty of being an alcohol restricted driver subjects themselves to the following: a conviction of a class B misdemeanor2; imprisonment for a term not to exceed 6 months3; and a fine not to exceed $1,000.00 plus a 90% surcharge4.

Minor in Possession

In Utah, a person may not have a measurable amount of alcohol in their body until their 21st birthday5. A person under 21 years of age who is found to have a measurable amount of alcohol in their body is guilty of the crime of minor in possession.

A person who is found guilty of minor in possession subjects themselves to the following: a conviction of a class B misdemeanor6; imprisonment for a term not to exceed 6 months7; and a fine not to exceed $1,000.00 plus a 90% surcharge8.

Not a drop

In Utah, a person younger than 21 years of age who operates or is in actual physical of a vehicle with any measurable amount of alcohol in their body may have their driver license denied or suspended9. The length of driver license denial or suspension depends on the person’s age and number of prior violations of Utah’s not a drop statute.

1st offense – 19 years of age or older but under 21 years of age

A person who has not had there license suspended, within a 10 year period, pursuant to Utah Code Ann. 53-3-231 and is 19 years of age or older but under 21 years of age on the date of arrest may have their driver license suspended for not less than 6 months10.

In order for a person to reinstate their driving privileges, after a suspension under Utah’s not a drop statute, they must: obtain an assessment and recommendation for appropriate action from a substance abuse program; and successfully compete the action recommended11.

2nd offense – 19 years of age or older but under 21 years of age

A person who has previously had their license suspended, within a 10 year period, pursuant to Utah’s not a drop statute and is 19 years of age or older but under 21 years of age on the date of arrest may have their driver license suspended until they are 21 years of age or for a period of two years, whichever is longer12.

In order for a person to reinstate their driving privileges, after a suspension under Utah’s not a drop statute, they must: obtain an assessment and recommendation for appropriate action from a substance abuse program; and successfully compete the action recommended13.

1st offense – under 19 years of age

A person who has not had their license suspended, within a 10 year period, pursuant Utah’s not a drop statute and is under 19 years of age on the date of the arrest may have their driver license suspended for not less than 1 year14.

In order for a person to reinstate their driving privileges, after a suspension under Utah’s not a drop statute, they must: obtain an assessment and recommendation for appropriate action from a substance abuse program; and successfully compete the action recommended15.

2nd offense – under 19 years of age

A person who has previously had their license suspended, within a 10 year period, pursuant to Utah’s not a drop statute and is under 19 years of age on the date of the arrest may have their driver license suspended until they are 21 years of age or for a period of two years, whichever is longer16.

In order for a person to reinstate their driving privileges, after a suspension under Utah’s not a drop statute, they must: obtain an assessment and recommendation for appropriate action from a substance abuse program; and successfully compete the action recommended17.


1§41-6a-529(1)(f)
2§76-3-104(2)
3§76-3-204(2)
4§76-3-301(d) and 51-9-401
5§32B-4-409(1)(f)
6§76-3-104(2)
7§76-3-204(2)
8§76-3-301(d) and 51-9-401
9§53-3-231(2)(a) and 53-3-231(2)(b)
10§53-3-231(8)(a)(i)
11§53-3-231(11)(a) and 53-3-231(11)(b)(i)
12§53-3-231(8)(a)(ii)
13§53-3-231(11)(a) and 53-3-231(11)(b)(i)
14§53-3-231(8)(b)(i)
15§53-3-231(11)(a) and 53-3-231(11)(b)(i)
16§53-3-231(8)(b)(ii)
17§53-3-231(11)(a) and 53-3-231(11)(b)(i)