If you have an ignition interlock restriction, it is documented on your electronic driving record available to law enforcement officers during a traffic stop. If you drive in violation of that restriction, you can be charged with a class B misdemeanor under Utah code 41-6a-518.2.
Attorneys for Violations of the Interlock Restriction in Salt Lake City, UT
If you were charged with a class B misdemeanor for violating your ignition interlock restriction, contact an experienced criminal defense attorney in Salt Lake City, Utah, at Brown, Bradshaw & Moffat, LLP. We can help you fight for the best result and find defenses that might apply to your case.
Additional Information about Ignition Interlock Violations
Utah’s Ignition Interlock Restricted Driver Law
Defenses to Operating a Vehicle without the Ignition Interlock System
Different Types of Crimes Related to the Ignition Interlock in Utah
Utah’s Ignition Interlock Restricted Driver Law
A person can be an “interlock restricted driver” after certain convictions. Some of which are as follows:
A person ordered by a court or the Board of Pardons and Parole as a condition of probation or parole not to operate a motor vehicle without an ignition interlock system
Someone who, within the last three years, has had their driving privilege revoked through an administrative action for refusal to submit to a chemical test
Someone who, within the last three years, has been convicted of a DUI or negligently operating a vehicle that resulted in injury and was under 21 years old at the time the offense was committed
Someone who, within the last six years, has been convicted of a felony violation of driving under the influence of alcohol or drugs
This is an abbreviated list. For the complete list of offenses, see Utah code 41-6a-518.2.
The driving privileges of the interlock restricted driver are suspended until the driver has an ignition interlock device installed in their vehicle. If the interlock device is removed prior to the ending date of the interlock restriction period, the driver license shall be re-suspended until an ignition interlock device is re-installed. This suspension may be imposed in addition to other license sanctions.
Defenses to Operating a Vehicle without the Ignition Interlock System
Under Utah law, it is an affirmative defense to a charge of a violation of the ignition interlock requirement if
the interlock restricted driver operated or was in actual physical control of a vehicle owned by the interlock restricted driver's employer
the interlock restricted driver had given written notice to the employer of the interlock restricted driver's interlock restricted status before the operation or actual physical control
the interlock restricted driver had on the interlock restricted driver's person, or in the vehicle, at the time of operation or physical control, employer verification
the operation or actual physical control was in the scope of the interlock restricted driver's employment
It is important to note that the affirmative defense listed above does not apply to
an employer-owned motor vehicle that is made available to an interlock restricted driver for personal use
a motor vehicle owned by a business entity that is entirely or partly owned or controlled by the interlock restricted driver
Different Types of Crimes Related to the Ignition Interlock in Utah
Other offenses related to the ignition interlock device in Utah include, but are not limited to, the following:
Failure to install ignition interlock device
Tampering with ignition interlock device
Furnishing vehicle without ignition interlock to restricted person
Blowing into ignition interlock for another
Renting/leasing/borrowing vehicle without ignition interlock
Requesting another person to blow into ignition interlock system
Attorneys for the Ignition Interlock Restriction in Salt Lake City, UT
1What happens if I am caught driving without an ignition interlock in Utah?
If you are an interlock restricted driver and are caught operating a vehicle without a certified device, you can be charged with a Class B Misdemeanor under Utah Code § 41-6a-518.2. In addition to potential jail time and fines, a conviction results in a one-year revocation of your driving privilege from the conviction date. Separately, if your interlock device is removed before your restriction period ends, your license will be re-suspended until the device is re-installed — this re-suspension may be imposed in addition to the conviction revocation and any other license sanctions.
2How long does an ignition interlock restriction last in Utah?
The duration depends on the offense and begins on the date of conviction or the effective date of an administrative revocation for chemical test refusals:
18 months for a first-time DUI conviction (age 21 or older, no prior convictions within 10 years).
3 years for a first driving-without-interlock violation; a refusal to submit to a chemical test (administrative revocation under § 41-6a-520); or a first DUI committed while under age 21.
3 years for a combination of two qualifying offenses within 10 years (e.g., DUI, refusal to submit to chemical test, impaired driving, or automobile homicide).
6 years for a felony DUI conviction (third or subsequent DUI within 10 years, or any prior felony DUI).
10 years for an automobile homicide conviction under § 76-5-207.
Your driving privileges remain suspended until the device is officially installed and verified by the DLD. If the device is removed before the restriction period ends, your restriction will be extended by the number of days the device was absent.
3Can I drive a work vehicle without an ignition interlock device?
Yes, Utah law provides an affirmative defense for driving an employer's vehicle without an interlock device, provided all of the following conditions are met:
You are driving within the scope of your employment.
You have notified your employer in writing of your restricted status prior to operating the vehicle.
You carry proof of employer notification on your person or in the vehicle at the time of operation.
This exception does not apply to personal use of an employer vehicle, or if you own or partly own or control the business.
4Is it a crime for someone else to blow into my ignition interlock device?
Yes. Under Utah Code § 41-6a-518.1, it is a Class B misdemeanor to request another person to blow into the system to start the car, and it is equally illegal for another person to knowingly blow into the device for a restricted driver. Tampering with or circumventing the device is also prohibited under the same statute. All of these acts — requesting a bypass, performing a bypass, and tampering — are Class B misdemeanor violations of § 41-6a-518.1.
5Do I need a lawyer for an ignition interlock violation in Salt Lake City?
Because a violation is a Class B Misdemeanor that can result in jail time and further loss of driving privileges, it is highly recommended to consult a criminal defense attorney. A lawyer can help identify defenses — such as the employer vehicle exception — and work to protect your license and your freedom in court.
DISCLAIMER: The information in this document is for general educational purposes only and does not constitute legal advice. Consult a qualified attorney regarding your specific situation. Contacting Brown, Bradshaw & Moffat does not create an attorney-client relationship.
Our office will contact you as soon as possible to arrange for you to discuss the facts of your case with an experienced criminal defense attorney in Salt Lake City, Utah. The use of this form for communication with our personnel does not establish an attorney-client relationship.
