When is an ignition interlock device required for DUI charges?
In Utah, either the Judge presiding over the DUI case or even the Drivers License Division may order the use of an ignition interlock device. If an interlock device is required after your first DUI offense, it usually is required for a period of 18 months. If it is your second offense, however, the interlock device will be required for three years. If you have an interlock device, either court-ordered or required by the Drivers License Division, you are prohibited from operating a vehicle with any “measurable or detectable amount of alcohol.” (See Utah Code 41-6a-529). A violation of this provision can result in another criminal conviction for a class B misdemeanor, which carries with it up to $1,000 fine and/or up to six months in jail. If you are convicted of a DUI, the Drivers License Division will automatically place you under an “Ignition Interlock Restricted Driver” status. (Other criminal convictions can result in Being placed under Ignition Interlock Restricted Driver status carries with it additional obligations and penalties. For example, if placed under this status, your driving privilege will be suspended until you have an interlock device installed in your vehicle and have paid the reinstatement fee to the Driver License Division. (See http://publicsafety.utah.gov/dld/IID.html).
Furthermore, if you are “Ignition Interlock Restricted,” your driver history record is updated to show this change in status and law enforcement will have access to see this change as well. Ignition interlock devices are a costly consequence of a DUI charge. To have the device installed will cost up to $200 with a monthly service fee ranging from $60-$125. For a list of interlock device providers, click here: IGNITION INTERLOCK PROVIDER LIST
If you are required to have an ignition interlock device, it is important to remember to only drive your own vehicle and do NOT drive without the device. If you are caught driving any vehicle during the mandated time frame without an interlock device, you can be found guilty of an additional crime. Driving without the mandated device is considered a class B misdemeanor, which carries with it a find of up to $1,000 and/or possible jail time up to six months. Additionally, you will be required to have the interlock device for an additional three years and your driving privilege may be revoked for up to a year. (See Utah Criminal Code 41-6a-518.2).