Basically, anyone who is an ARD (alcohol restricted driver) is guilty of a Misdemeanor B offense if they drive or control a vehicle with any amount of detectable alcohol in their body.  So how do you become an alcohol restricted driver?  There are two ways:

• You commit any number of alcohol-related driving offenses or have your license suspended by the DLD for suspicion of an alcohol-related driving offense.  Depending on the situation, you become an alcohol restricted driver for 2-10 years.  
  
  OR

• You are under 21.

As for any Misdemeanor B, the statutory penalties are up to $1,000 in fines (with a 90% surcharge) and up to 6 months in jail.  The court is also required to make you to install an ignition interlock device on your car during any period of probation, or describe why it’s not appropriate.  If you are under 21, there are also driver’s license consequences involved (check out this blog post).

In some ways, Alcohol Restricted Driver is an easy charge for the prosecution to prove: they only have to show that you had some amount of alcohol in your system and that you fit the definition of “alcohol restricted driver.” That being the case, probably the best way to fight an Alcohol Restricted Driver charge is to challenge the legality of the investigation. That is, you try to show that the cop didn’t have good reason to pull you over, or didn’t have good enough reason to investigate you for drinking, or didn’t have good enough reason to ask you to take a chemical test of your blood. These are technical legal arguments for which it obviously helps to have an attorney on your side.  You can contact me to discuss your case without obligation.