What to Know About Ignition Interlock Devices in Utah

Mandatory installation of an Ignition Interlock Device is a common condition of probation after a charge for Driving Under the Influence (DUI) and other alcohol-related offenses. If you were required to have an Ignition Interlock Device (IID) installed, you will likely be prohibited from operating a vehicle with any “measureable or detected amount of alcohol” and can only drive a vehicle that is equipped with an IID.

If you are an “Ignition Interlock Restricted Driver,” you must only drive your vehicle and should not drive without the device. If you drive a vehicle without an IID, you could face additional criminal charges and could be required to have the IID for additional time or have your driving privileges revoked for up to a year. If you were charged with DUI or an Ignition Interlock Device violation, the criminal defense lawyers at Terry Law can help.

What Is an Ignition Interlock Device?

An Ignition Interlock Device is a breath testing machine installed in a person’s vehicle. It prevents the vehicle from starting if it detects a Blood Alcohol Concentration (BAC) of a specified pre-set limit (usually .02% to .04% alcohol). The driver must blow into the device before starting the vehicle. If the device detects alcohol, the vehicle will not start.

Once the vehicle is started, the IID may require periodic breath samples while driving to ensure the driver is still sober. If the device detects alcohol or the driver fails to provide a sample, the device records the event and may sound an alarm or flash a light signaling the driver to pull over.

When Is an Ignition Interlock Device Required?

In Utah, a person can be labeled an “Interlock Restricted Driver” as a condition of probation after certain criminal charges or convictions.

• The Utah Board of Pardons and Parole may require installation of an IID as a condition of probation or parole and may prohibit a driver from operating a vehicle that is not equipped with an IID.
• Someone convicted of a DUI may be required to have an IID installed as a condition of probation.
• An IID may be required for people whose driving privileges were revoked through an administrative action for refusal to submit to a chemical test.
• A person under 21 who was convicted of a DUI or negligent operation of a motor vehicle that resulted in injury may be required to have an IID installed.
• An IID may be required for someone convicted of a felony DUI.

If you were ordered to have an Ignition Interlock Device installed, your driving privileges will be revoked until the device is installed. If the IID is removed before the interlock restriction period ends, your driver’s license could be re-suspended until the IID is installed.

How Can My Lawyer Use an Ignition Interlock Device as Part of a Negotiation Strategy?

If you were charged with an alcohol-related crime, the criminal defense lawyers at Terry Law can use installation of an IID as part of our negotiation strategy. In exchange for your agreement to install an IID, we may be able to secure concessions such as:

• A lighter charge or less severe penalties;
• Less restrictive conditions as part of a driver’s license suspension; or
• Earlier reinstatement of your driver’s license.

Additional Criminal Charges Related to Ignition Interlock Devices

If you were required to have an IID installed, you will be labeled an “Interlock Restricted Driver” and your status will be available to law enforcement personnel. If you are arrested and alleged to be in violation of the IID requirement, you could face additional criminal charges.

Common criminal offenses related to Ignition Interlock Devices include:

• Failure to install an IID
• Tampering with an IID
• Furnishing a vehicle without an IID to an IID restricted driver
• Blowing into an IID for another person
• Renting, leasing, or borrowing a vehicle without an IID
• Requesting that another person blow into an IID

What Can I Do If I Was Charged with an Ignition Interlock Violation?

If you were charged with an Ignition Interlock Violation, Terry Law can help. We can review your situation to determine whether you were properly classified as an ignition interlock restricted driver. We can also challenge the circumstances of the alleged violation by investigating the legality of the traffic stop that resulted in your arrest and whether you were in actual physical control of the vehicle when the alleged violation occurred.

How Terry Law Can Help

If you are facing criminal charges for DUI or another alcohol-related offense, or if you were required to have an IID installed and were charged with an Ignition Interlock Violation, contact Terry Law.

We are one of Utah’s preeminent criminal defense law firms and have represented people accused of DUI and other crimes for over 40 years. Our lawyers will carefully analyze your situation and offer advice and legal guidance to help you move forward. We are prepared to aggressively defend you in court.

Contact Terry Law Today

Terry Law represents people accused of crimes throughout Southern Utah. Contact us today to schedule an appointment to discuss your situation and how we can help. Call (435) 628-4411, email email@SouthernUtahDefense.com, or complete our online form.