Violation of the Ignition Interlock Restriction

If you have an ignition interlock restriction, then it is posted on your electronic driving record that is available to a law enforcement officer during a traffic stop. If you drive in violation of that restriction, then you can be charged with a class B misdemeanor under Utah Code § 41-6a-518.2.

In some cases, even a plea of "guilty" or "no contest" that was held in abeyance can be counted as a conviction if the plea was for a violation of Section 41-6a-502 and was held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance, before July 1, 2008. This is true even if the charge was subsequently reduced or dismissed in accordance with the plea in abeyance agreement.

Attorneys for Violations by the Interlock Restriction in Salt Lake City, UT

If you were charged with a class B misdemeanor for violating the ignition interlock restriction, then 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 assert important defenses that might apply to your case.

Call us for a free consultation at (801) 532-5297.

Utah Ignition Interlock Violation Information Center

• Utah’s Ignition Interlock System
• Defenses to Operating a Vehicle without the Ignition Interlock System
• Time Periods for the Interlock Restricted Driver
• Different Types of Crimes Related to the Ignition Interlock in Utah

Utah’s Ignition Interlock System

The term “ignition interlock system” means a constant monitoring device or any similar device that:

1. is in working order at the time of operation or actual physical control; and
2. is certified by the Commissioner of Public Safety in accordance with Subsection 41-6a-518(8).

The term “interlock restricted driver” means a person who:

• has been 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;
• within the last 18 months has been convicted of a driving under the influence violation under Section 41-6a-502 that was committed on or after July 1, 2009;
• within the last three years has been convicted of an offense that:
• occurred after May 1, 2006, which would be a conviction as defined under Section 41-6a-501; and
• the offense described under Subsection (1)(b)(i)(C)(I) is committed within ten years from the date that one or more prior offenses was committed if the prior offense resulted in a conviction as defined in Subsection 41-6a-501(2);
• within the last three years has been convicted of a violation of this section;
• within the last three years has had the person's driving privilege revoked for refusal to submit to a chemical test under Section 41-6a-520, which refusal occurred after May 1, 2006;
• within the last three years has been convicted of a violation of Section 41-6a-502 and was under the age of 21 at the time the offense was committed;
• within the last six years has been convicted of a felony violation of Section 41-6a-502 for an offense that occurred after May 1, 2006; or
• within the last 10 years has been convicted of automobile homicide under Section 76-5-207 for an offense that occurred after May 1, 2006.

The term “interlock restricted driver” does not include a person:

• whose conviction described in Subsection (1)(b)(i)(C)(I) is a conviction under Section 41-6a-517; and
• whose prior convictions described in Subsection (1)(b)(i)(C)(II) are all convictions under Section 41-6a-517.

The driving privileges of the interlock restricted driver (IRD) 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 under Subsection (5)(a);

• 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, as defined in Subsection 41-6a-518(1); and

• the operation or actual physical control described in Subsection (5)(a) was in the scope of the interlock restricted driver's employment.

It is important to note that the affirmative defense listed above to not apply to:

• an employer-owned motor vehicle that is made available to an interlock restricted driver for personal use; or

• a motor vehicle owned by a business entity that is entirely or partly owned or controlled by the interlock restricted driver.

Time Periods for the Interlock Restricted Driver

Under Utah Code §41-6a-518.2, an “interlock restricted driver” may not operate a motor vehicle without an ignition interlock system for the following time periods:

• 18 months IRD for a First (1st) DUI (§41-6a-502) if over 21 years old;
• Three years IRD for the following offenses:
• First (1st) Driving Without Ignition Interlock Device if IRD (§41-6a-518.2);
• Refusal to Submit to Chemical Test (§41-6a-521); or
• First, (1st) DUI (§41-6a-502) if under 21 years old
• Three years IRD for a combination of two of the following within ten years:
• DUI (§41-6a-502)
• Refusal to Submit to Chemical Test (§41-6a-521);
• Controlled Substance/Metabolite (§41-6a-517);
• Alcohol-Related Reckless (§41- 6a-512 – only violations before July 1, 2008);
• Impaired Driving (§41-6a-502.5)
• Driving with Controlled Substance/Bodily Injury or Death (§58-37-8(2)(g)); or
• Automobile Homicide (§76-5-207)
• Six years IRD for Felony DUI (§41-6a-502)
• Ten years IRD for Automobile Homicide (§76-5-207)

Different Types of Crimes Related to the Ignition Interlock in Utah

Other offenses related to the ignition interlock device in Utah include the following:

• 41-6A-518 - IGNITION INTERLOCK VIOLATION
• 41-6A-518(4)(A) - FAILURE TO INSTALL IGNITION INTERLOCK DEVICE
• 41-6A-518.1(2)(A)(I) - TAMPER WITH IGNITION INTERLOCK DEVICE
• 41-6A-518.1(2)(A)(II) - FURNISH VEHICLE W/OUT IGNITION INTERLOCK TO RESTRICT PERSON
• 41-6A-518.1(2)(A)(III) - BLOW INTO IGNITION INTERLOCK FOR ANOTHER
• 41-6A-518.1(2)(A)(IV) - ADVERTISE FOR SALE/OFFER NON-CERTIFIED IGNITION INTERLOCK
• 41-6A-518.1(2)(B)(I) - RENT/LEASE/BORROW VEH W/O IGNITION INTERLOCK
• 41-6A-518.1(2)(B)(II) - REQUEST ANOTHER PERSON BLOW INTO IGNITION INTERLOCK SYSTEM
• 41-6A-518.2 - INTERLOCK RESTRICTED DRIVER OPERATING VEHICLE W/O IL SYSTEM I
• 41-6A-518.2(3) - INTERLOCK RESTRICTED DRIVER OPERATING VEHICLE W/O IL SYSTEM

Attorneys for the IRD in Salt Lake City, UT

If you are an interlock restricted driver (IRD) accused of violating the ignition interlock restriction, then contact an experienced criminal defense attorney in Salt Lake City, Utah, at Brown, Bradshaw & Moffat, LLP. We can help you fight this class B misdemeanor.

We also represent clients charged with the failure to install or removing the ignition interlock device under §53-3-1007.

Let us put our experience to work for you. Call (801) 532-5297 today.