Dain Smoland, Attorney at Law PLLC
Criminal Defense in Utah
Dain Smoland, Attorney at Law PLLC
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Alcohol Restricted Driver Charges

BeerWhat is an Alcohol Restricted Driver charge in Utah?
What are the penalties for an Alcohol Restricted Driver conviction?
What to do if You’ve Been Charged with Alcohol Restricted Driver in Utah?
Related Blog Posts

 

What is an Alcohol Restricted Driver charge in Utah?

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.

What are the penalties for an Alcohol Restricted Driver Conviction?

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).

What To Do if You’ve Been Charged with Alcohol Restricted Driver in Utah?

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.

 Related Blog Posts

  •  All Minors Are “Alcohol Restricted Drivers” in Utah

 

 

 

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Recognition for Dain Smoland's NORML Membership

Some Posts from My Blog

  • Utah Legislature Temporarily Suspends Expungement Filing Fees!
  • Parolees Become Eligible for 402 Reductions in Utah
  • Utah’s “Clean Slate” Law, and Automatic Expungements
  • Utah Legalizes Medical Marijuana! Kinda! Sort Of!
  • Utah Eases Expungement Eligibility, Especially for Prior Drug Convictions!

Courts Where I Take Cases

I am licensed to practice criminal law anywhere in Utah, but my office is in Salt Lake City so I focus my defense practice on Salt Lake County and the surrounding counties: Weber, Davis, Utah, Summit, Wasatch, Tooele.

That includes any of the state, city, or federal courts located in Salt Lake City, West Jordan, South Jordan, West Valley, Heber, Park City, Provo, Ogden, Farmington, Bountiful, Holladay, Cottonwood Heights, Murray, Millcreek, South Salt Lake, Grantsville, Tooele, Orem, American Fork, Sandy, Draper, Centerville, Layton, Kaysville, and anywhere else within an hour's drive of Salt Lake. I'll also go down to Carbon County (Price and Helper), because I like that drive!

For locations in Utah outside that area, just contact me and we'll talk about it.

Categories of my blog posts

  • 402 Reductions
  • Constitutional Law
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  • Drug Laws
    • Marijuana Laws
  • Expungement Law
  • Interesting Legal News
  • Theft Laws
    • Shoplifting
  • Traffic Laws
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    • DUI Laws
  • Uncategorized

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