Utah’s HB 437, known as the “Interdicted Person Amendments,” took effect on January 1, 2026, and fundamentally changes how the state treats drivers convicted of Extreme DUI offenses. If you are arrested with a blood alcohol concentration of 0.16 or higher, you may now face “interdicted person” status with restrictions that reach far beyond a traditional DUI penalty.
Updated: July 2026
Key Takeaways
- HB 437 creates “interdicted person” status for Extreme DUI (BAC 0.16+) convictions.
- A red-stripe license with a “NO ALCOHOL SALE” banner is issued to interdicted drivers.
- Universal ID checks at bars, restaurants, and liquor stores are required for these individuals.
- License suspension consequences are significantly more severe under the new law.
- HB 437 applies retroactively to some pending cases and prior convictions in certain circumstances.
House Bill 437 represents one of the most aggressive DUI enforcement measures Utah has enacted in recent years. While Utah already had the nation’s lowest legal BAC limit at 0.05, this new law targets high-BAC offenders with restrictions designed to prevent any future alcohol purchases or consumption during the interdicted period. Understanding how HB 437 works is critical for anyone facing DUI charges in Utah in 2026.
What Is HB 437 and What Does It Do?
HB 437, formally titled the “Interdicted Person Amendments,” was signed into law by Governor Spencer Cox and became effective January 1, 2026. The law establishes a new legal classification called an “interdicted person” that applies to individuals convicted of driving under the influence with a BAC of 0.16 or higher, which Utah law defines as Extreme DUI.
An interdicted person is prohibited from purchasing, possessing, or consuming alcohol for a period set by the court. To enforce this prohibition, the Utah Driver License Division (DLD) issues a special driver license card with a prominent red stripe and the words “NO ALCOHOL SALE” displayed across the front. This serves as a visual identifier that bars and liquor stores can recognize at a glance.
The law also requires businesses that sell alcohol to check the identification of anyone who appears to be purchasing alcohol. If the ID displays the “NO ALCOHOL SALE” banner, the sale must be refused. Failure by a business to comply can result in penalties against the establishment’s liquor license.
How Does “Interdicted Person” Status Work Under Utah Law?
When a court imposes interdicted person status, the restriction can last anywhere from six months to two years, depending on the severity of the offense and whether the defendant has prior DUI convictions. During this period, the individual is legally barred from entering establishments where alcohol is the primary item for sale, though exceptions exist for restaurants where alcohol is incidental to the dining experience.
The Utah Department of Public Safety maintains a database of interdicted persons that law enforcement and licensed alcohol retailers can access. This database is cross-referenced during routine traffic stops, meaning an officer who runs your license will immediately see your interdicted status. A violation of interdicted person restrictions is a separate criminal offense punishable by up to 364 days in jail and a $2,500 fine.
Utah Code Section 41-6a-517 now mandates that the DLD mark the license of any person convicted of Extreme DUI with a red stripe and the “NO ALCOHOL SALE” designation. This is not discretionary. It is an automatic administrative action upon conviction.
Utah Code 41-6a-517
What Are the License Suspension Consequences Under HB 437?
Beyond the interdicted person designation, HB 437 carries significant license suspension consequences. For a first-time Extreme DUI offense, the standard license suspension period is 120 days. However, the law now requires installation of an ignition interlock device for any driver seeking reinstatement after an interdicted person designation.
The reinstatement process also includes a mandatory hearing where the driver must demonstrate compliance with all treatment and education requirements. Failure to complete these requirements extends the suspension period indefinitely until compliance is achieved. This represents a shift from prior law, where reinstatement was more administrative in nature.
| Offense Level | BAC Threshold | Interdicted Period | License Suspension | IID Required |
|---|---|---|---|---|
| First Extreme DUI | 0.16+ | 6 months | 120 days | 18 months |
| Second Extreme DUI (10 years) | 0.16+ | 12 months | 2 years | 36 months |
| Third Extreme DUI (10 years) | 0.16+ | 24 months | Indefinite | 36+ months |
How Does Universal ID Checking Work for Interdicted Persons?
HB 437 places an affirmative duty on alcohol retailers to check identification for any individual who appears under the age of 35 when purchasing alcohol. For individuals who present an ID bearing the red stripe and “NO ALCOHOL SALE” designation, the sale must be declined. The retailer must also document the attempted purchase and report it to the Department of Alcoholic Beverage Services (DABS).
What makes this provision particularly impactful is the enforcement mechanism. DABS conducts regular compliance checks using underage and interdicted-person decoys. If a retailer fails to identify an interdicted person’s ID and completes a sale, the establishment faces fines starting at $1,000 for a first violation and escalating to potential license revocation for repeat violations.
From the interdicted person’s perspective, attempting to purchase alcohol using their restricted license can result in an additional charge of attempted purchase by an interdicted person, a class A misdemeanor carrying up to one year in jail.
How Does HB 437 Affect Existing or Pending DUI Cases?
One of the most frequently asked questions about HB 437 is whether it applies to cases that were pending on the effective date of January 1, 2026. Under Utah law, newly enacted criminal penalties generally apply to offenses committed on or after the effective date. However, the interdicted person designation has been treated by some courts as a collateral consequence rather than a punitive measure, which has led to inconsistent application in pending cases.
For individuals with prior Extreme DUI convictions that occurred before January 1, 2026, the interdicted person status does not automatically attach to those old convictions. The law does not have retroactive effect for completed cases. However, if a prior conviction is used to enhance a new offense that occurs after the effective date, the court may consider the enhanced penalty structure.
Defense attorneys have begun challenging HB 437 on constitutional grounds, arguing that the red-stripe license requirement compels speech in violation of the First Amendment and that the restrictions impose additional punishment without the procedural protections required by due process. As of July 2026, these challenges remain in early litigation stages.
What Should You Do If You Face Interdicted Person Restrictions?
If you have been charged with Extreme DUI or notified that interdicted person status may apply to your case, you should seek experienced legal counsel immediately. The consequences of an interdicted person designation extend well beyond traditional DUI penalties and can affect your daily life for years.
A Utah criminal defense attorney can evaluate whether the state can prove the BAC element necessary for Extreme DUI classification. In many cases, breathalyzer or blood test results are subject to suppression based on chain of custody issues, lack of probable cause for the stop, or improper administration of the test. If the BAC evidence is excluded, the charge may be reduced to a standard DUI, which does not carry interdicted person status.
Attorneys are also developing arguments around the collateral consequences doctrine and exploring whether HB 437’s provisions violate constitutional protections. As these legal challenges develop, having counsel who stays current on the landscape is essential.
Frequently Asked Questions About HB 437 and Utah’s Interdicted Person Law
What is the difference between Extreme DUI and standard DUI in Utah?
A standard DUI in Utah requires a BAC of 0.05 or higher. Extreme DUI requires a BAC of 0.16 or higher. Extreme DUI carries enhanced penalties and, under HB 437, triggers interdicted person status with the red-stripe “NO ALCOHOL SALE” license designation.
Can I refuse the chemical test and avoid interdicted person status?
Refusing a chemical test in Utah triggers an automatic 18-month license suspension under the implied consent law. However, if the state can still establish probable cause and obtain a warrant, a BAC test may be performed. Refusal does not automatically prevent an Extreme DUI charge if other evidence of impairment exists.
How long does interdicted person status last?
The duration depends on the offense level. For a first Extreme DUI, the interdicted period is typically six months. For a second offense within ten years, it is 12 months. For a third or subsequent offense, it can be 24 months or longer at the court’s discretion.
Does the red-stripe license apply to commercial drivers?
Yes, commercial driver license holders are subject to the same interdicted person provisions. However, the consequences for commercial drivers are even more severe because a DUI conviction also results in a one-year CDL disqualification (or lifetime for a second offense).
Can I have the interdicted person status removed early?
Early termination is possible in limited circumstances if you complete all court-ordered treatment, comply with the ignition interlock requirement, and file a motion with the court showing good cause. An attorney can advise whether early termination is realistic in your specific case.
Does HB 437 apply to out-of-state drivers?
Utah courts have jurisdiction over any DUI offense committed within the state, regardless of the driver’s state of residence. Out-of-state drivers convicted of Extreme DUI in Utah are subject to the interdicted person restrictions while within Utah. Their home state may also impose reciprocal license consequences.
What happens if I am caught with alcohol while interdicted?
Consuming or possessing alcohol while under interdicted person status is a separate criminal offense, typically charged as a class A misdemeanor. Penalties include up to 364 days in jail, a $2,500 fine, and extension of the interdicted period.
Can a DUI attorney help avoid interdicted person status?
Yes. An experienced Utah DUI attorney can challenge the BAC evidence, negotiate a reduction to standard DUI, or seek alternative sentencing arrangements that avoid the interdicted person designation. Early intervention by counsel significantly improves the likelihood of avoiding these enhanced consequences.
Closing Thoughts on HB 437 and Utah DUI Defense
HB 437 represents a significant escalation in Utah’s approach to high-BAC DUI offenses. The interdicted person designation, with its distinctive license marking and purchase restrictions, creates long-term consequences that extend well beyond the traditional criminal penalties. Anyone facing an Extreme DUI charge in Utah must understand that the stakes are higher than ever under the 2026 amendments.
If you or someone you know has been charged with DUI in Utah, time is of the essence. The legal landscape is shifting rapidly, and having an attorney who understands both the traditional DUI defense strategies and the emerging challenges to HB 437 can make the difference between a manageable outcome and life-altering restrictions.
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This article is for informational purposes only and does not constitute legal advice. Consult with a qualified Utah criminal defense attorney for advice specific to your situation.
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