Information on the Ignition Interlock Device & Laws in The Beehive State of UT
The DUI laws that govern driving under the influence of alcohol or drugs and the UT Ignition Interlock Device requirement is the same in all cities across the state of Utah including Ogden, Salt Lake City, Provo, St. George, Park City, Moab, and Orem. Any individual found to be operating a vehicle with a Blood Alcohol Concentration (BAC) of 0.08 percent or more is considered to be driving impaired and will likely be charged with Driving Under the Influence (DUI). Should individuals be convicted of this crime, they likely face penalties that include a driver’s license suspension, monetary fines, possible jail time, and having to use an IID (Ignition Interlock Device) on any car a convicted person drives.
Most states across the country have adopted a BAC threshold of 0.08 percent as grounds for drivers being charged with drinking and driving related crimes. This is due to research that was conducted on how alcohol affects an individual’s ability to drive. This research showed most drivers with a BAC of 0.05 percent were too impaired to operate a vehicle, and all drivers with a BAC of 0.08 percent were too impaired to operate a vehicle. The state of Utah also has legislation to charge commercial drivers with a BAC of 0.04 percent with DUI.
What Are the Penalties for Driving Under the Influence in Utah?
As mentioned, there are a number of penalties drivers face should they be convicted of DUI. This variety of penalties is meant to discourage offenders from drinking and driving again while also acting as an example for others. Driver’s who are first-time DUI offenders in the state of Utah face some, if not all, of the following penalties:
- Minimum Jail Time of 48 Hours
- Minimum Fines of $700
- Installation of an Ignition Interlock device for an Average of 6 Months
- Driver’s License Suspension of 120 Days
2nd offense drivers, or those with previous DUI convictions on their criminal record, face harsher penalties than first time DUI offenders. The state of Utah currently holds a 10-year lookback period in which prior DUI convictions are considered relevant during sentencing. Second time DUI offenders in the state of Utah, or those with one previous DUI conviction, face some, if not all, of the following penalties:
- Minimum Jail Time of 240 Hours
- Minimum Fines of $800
- Driver’s License Suspension of Two Years
- An Ignition Interlock Will Be Required For an Average of 1 Year
Third time DUI offenders in the state of Utah, or those with two previous DUI convictions, face some, if not all, of the following penalties:
- Minimum Jail Time of 1,500 Hours
- Minimum Fines of $1,500
- Driver’s License Suspension of Two Years
- DUI Interlock Will Be Installed For At Least 2 Years Length of Time
What is an Ignition Interlock Device, and How Does It Work Under Utah DUI Laws?
The UT Ignition Interlock is a device that operates much in the same way as the Breathalyzer devices used by police officers to determine a driver’s blood alcohol content. This car Breathalyzer Interlock device is mounted to the dashboard of a DUI offender’s vehicle and is integrated into the vehicle’s ignition system. Once the IID has been installed, drivers need to provide a breath sample by blowing into the device – should the breath sample offenders provide be below the predetermined threshold – usually set to 0.02 percent BAC – the vehicle starts normally.
In cases where the breath sample provided is above the predetermined threshold, the vehicle does not start, and the event is logged into the device’s internal memory. Depending on the circumstances of the driver’s case, it may also be required for the IID to be programed to randomly resample the offender’s breath while the vehicle is running. When prompted, drivers need to provide the additional sample – should this sample be above the predetermined threshold, the device logs the event and an alarm sounds, indicating the vehicle needs to be pulled over and turned off.
When is Using an Ignition Interlock Device Required in the State of Utah?
The state of Utah has authorized the use of an car Breathalyzer IID for specific drivers who have been convicted of DUI and other drinking and driving offenses. A judge allows the installation, maintenance, and use of an Ignition Interlock device as a condition of having the offender’s driving privileges reinstated. This can be authorized in the following 9 types of common situations:
- An offender convicted of DUI
- A driver convicted of an interlock restricted driver violation
- A person convicted of a second or subsequent DUI charge
- An individual convicted of a second or subsequent alcohol related reckless offense
- People convicted of a second or subsequent impaired driving offense
- Utah drivers convicted of a second or subsequent metabolite offense
- A DUI offender convicted of a second or subsequent driving with a measurable amount of controlled substance in the body
- A convicted driver of a driving related crime that caused serious injury or death within the last 10 years
- A UT DUI or DWI offender who refused to submit to chemical testing to determine BAC
Who is Responsible for Paying for the Cost of the UT Ignition Interlock Device?
In the majority of cases where the use of an IID is authorized, it is up to offenders to pay the costs and fees associated with obtaining and installing the car Breathalyzer device. Individuals should expect to pay anywhere from $70 to $125 a month in order to lease the device as well as up to $100 or more to have the device professionally installed in their vehicle. It is important to note these are just rough cost estimates, and Ignition Interlock providers across the state of Utah charge different amounts to lease the device, with some even offering free installation of IIDs leased from them.
What is the Process of Having to Install an Ignition Interlock Device in Utah?
When UT DUI offenders have been authorized to install and maintain an IID as a means to having their driver’s license reinstated, they first need to obtain the device. DUI Interlock devices need to be obtained from state approved providers within Utah – these companies can be found across the state, and a full list of approved providers can be found on the Utah Department of Public Safety website. It is important to work with a state approved provider in order to remain within the state’s rules and regulations when it comes to using IIDs.
After the Interlock device has been leased from one of these state approved providers, individuals need to ensure the device is installed professionally in their vehicle to state standards and possibly any other vehicle registered to them. Once this process is completed, the court, the individual’s probation officer, and the DMV may need to be provided with a copy of the IID lease agreement as well as a copy of the installation receipt. At this time, the individual’s driving privileges are instated as long as he or she is using the IID. After a Utah Ignition Interlock attorney reviews a drivers own DUI arrest details online with us as to what exactly happened, the local lawyer can then be able to discuss what the best defense strategies are for possible ways how to avoid having to get an Ignition Interlock device in:
[column col=”1/4″]Beaver County
Box Elder County
Salt Lake County
San Juan County
[column col=”1/4″]Little Cottonwood Creek Valley
North Salt Lake
Salt Lake City
South Salt Lake
West Valley City