Ignition Interlock Laws in Utah
Courts in the State of Utah will order the installation of an ignition interlock device (IID) for persons convicted under the state’s driving under the influence (DUI) laws. The IID is installed in the offender’s vehicle and samples the driver’s breath alcohol content. If the device detects any amount of alcohol on the driver’s breath, the vehicle will not start. IIDs must be installed and calibrated by a provider that is certified by the state. Offenders are responsible for any and all costs associated with the IID including installation, calibration and maintenance. Offenders may request that the court waive or defer these costs. Offenders must prove financial hardship to the court before a waiver or deferment is considered by the court. Under Utah’s DUI laws, offenders will receive restrictions to their driving privileges. These restrictions include an alcohol restricted driver and ignition interlock restriction.
Utah’s “Alcohol Restricted Driver Law” requires that drivers be placed under an alcohol-restricted driver status for DUI, having a blood alcohol content of 0.08 or higher (“per se” arrest), refusal to submit to a chemical test, alcohol-related reckless driving, impaired driving, automobile homicide, an alcohol-restricted driver violation or an ignition interlock violation. Under this restriction, drivers may not operate any vehicle with any level of alcohol in their systems. Offenders with out-of-state licenses may not drive in the State of Utah with any alcohol in their systems while this restriction is in place.
The restriction remains in place for a period of two years for the first conviction of DUI, alcohol-related reckless driving, impaired driving or a “per se” arrest involving a blood alcohol content of 0.08 or higher. The restriction remains in place for a period of three years for a conviction of an alcohol-restricted driver violation or an ignition interlock violation. The restriction remains in place for a period of five years for the first arrest for refusal of a chemical test. The restriction remains in place for a period of ten years for a second conviction for DUI, alcohol-related reckless driving or a second arrest for refusal of a chemical test within ten years of the first offense. The restriction remains in place for a lifetime for felony DUI or automobile homicide.
In addition to the alcohol restriction, courts may also order an ignition interlock restriction. Drivers with an ignition interlock restriction must have ignition interlock devices installed on any and all vehicles that they drive. Any drivers that have this restriction and are found operating or in physical control of a vehicle without an IID installed will be cited by law enforcement and have their driving privileges revoked for a period of one year. IIDs must remain installed in the vehicle for the period of time determined by the court. The restriction period begins on the date of the conviction. Offenders with out-of-state licenses may not drive in the State of Utah without an IID installed in their vehicles while the restriction is in place.
Generally the courts order an ignition interlock restriction for eighteen months for the first DUI for a driver 21 years of age or older at the time of the offense. The ignition interlock restriction is in place for a period of three years for the first DUI for a driver under 21 years of age at the time of the offense, an ignition interlock-restricted driver violation, the second or subsequent DUI, an arrest for refusal to submit to a chemical test, an alcohol-related offense, impaired driving offense, metabolite offense or driving with a measurable amount of controlled substance in the body and causing bodily injury or death within ten years of the first offense. For felony DUIs, the restriction is in place for a period of six years. Automobile homicide results in the restriction being in place for a period of ten years.