Understanding the reduced charge of Impaired Driving (ID) under 41-6a-502.5 (1) (a) and (b).
There are five important things to note about the reduced charge of Impaired Driving: (1) ID comes in two flavors depending on your BAC and other thing, an (a) that is reversionary to a full DUI during the period of probation, and a (b) that is non-reversionary; (2) ID still counts as a first time DUI for purposes of future enhancement so if you get another within ten (10) years from the date of arrest it is a “second”; (3) ID’s do not require installation of an Ignition Interlock Device (IID) for any car your own or operate; (4) ID’s may not raise your auto insurance as much or at all as a full DUI for very complicated reasons we don’t go into here; (5) You will still be an alcohol restricted driver (ARD) for two years following the DLD action and an ID doesn’t change this, that means .000 BAC when in actual physical control of a car or risk losing your license for a year if caught above .000 BAC.
41-6a-502.5 (1) (a) is called the reversionary section whereby you are getting a “provisional” ID in that if you don’t do everything you agreed to do during probation, including of course not getting in trouble again during that time, the case reverts back to a regular run of the mill DUI. Why do you care? Because now it is reported to the Drivers License Division (DLD) and your license is either suspended for 120 days if it wasn’t suspended at all to begin with, or the remaining sixty (60) days if you caught a break in the original 120 days by getting the ID before your suspension was over and reduced the term of the suspension. To be clear you do not lose your license for longer because of the reversion. Reversion also causes you to become Interlock Restricted (IID), and this many people miss because the court doesn’t assign the IID, rather the computer automatically does and the DLD sends you a letter telling you to get one installed in any car you own or operate within seven (7) days of the letter. Many people do not read this letter, or have moved, or don’t have their correct address on file at the DLD and so they get caught without one and are subject to having their license suspended for another year.
41-6a-502.5 (1) (b):
is the non-reversionary flavor of Impaired Driving (ID) usually reserved for low BAC’s (<.100) where there was minimal impairment, or first time DUI’s received as a result of legally taken prescription drugs.
No Drinking While On Probation:
If the case is reduced to Impaired Driving under 41-6a-502.5 (a or b) then you may avoid the IID, but be aware that the court will almost always instruct you to not have a drop of alcohol during the 12 months of probation or frequent those places where alcohol is the main item of service (e.g. “bars”).