Violation of the Ignition Interlock Restriction
If you have an ignition interlock restriction, it is documented on your electronic driving record available to law enforcement officers during a traffic stop. If you drive in violation of that restriction, you can be charged with a class B misdemeanor under Utah code 41-6a-518.2.
Attorneys for Violations of the Interlock Restriction in Salt Lake City, UT
If you were charged with a class B misdemeanor for violating your ignition interlock restriction, 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 find defenses that might apply to your case.
Call us for a free consultation at (801) 532-5297.
Additional Information about Ignition Interlock Violations
- Utah’s Ignition Interlock Restricted Driver Law
- Defenses to Operating a Vehicle without the Ignition Interlock System
- Different Types of Crimes Related to the Ignition Interlock in Utah
Utah’s Ignition Interlock Restricted Driver Law
A person can be an “interlock restricted driver” after certain convictions. Some of which are as follows:
- A person 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
- Someone who, within the last 18 months, has been convicted of driving under the influence
- Someone who, within the last three years, has had their driving privilege revoked through an administrative action for refusal to submit to a chemical test
- Someone who, within the last three years, has been convicted of a DUI or negligently operating a vehicle that resulted in injury and was under 21 years old at the time the offense was committed
- Someone who, within the last six years, has been convicted of a felony violation of driving under the influence of alcohol or drugs
This is an abbreviated list. For the complete list of offenses, see Utah code 41-6a-518.2.
The driving privileges of the interlock restricted driver 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
- 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
- the operation or actual physical control was in the scope of the interlock restricted driver's employment
It is important to note that the affirmative defense listed above does not apply to
- an employer-owned motor vehicle that is made available to an interlock restricted driver for personal use
- a motor vehicle owned by a business entity that is entirely or partly owned or controlled by the interlock restricted driver
Different Types of Crimes Related to the Ignition Interlock in Utah
Other offenses related to the ignition interlock device in Utah include, but are not limited to, the following:
- Failure to install ignition interlock device
- Tampering with ignition interlock device
- Furnishing vehicle without ignition interlock to restricted person
- Blowing into ignition interlock for another
- Renting/leasing/borrowing vehicle without ignition interlock
- Requesting another person to blow into ignition interlock system
Attorneys for the Ignition Interlock Restriction in Salt Lake City, UT
If you are an interlock restricted driver accused of violating the ignition interlock restriction, contact an experienced criminal defense attorney in Salt Lake City, Utah, at Brown, Bradshaw & Moffat. We can help you fight your charges.
Let us put our experience to work for you. Call (801) 532-5297 today.
