“Interlock restricted driver” can mean the following:
(A) Your Probation or Parole Agent Orders Installation. The defendant 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;
(B) A DUI Section 502 Conviction or a Breath Refusal Conviction. Within the last 18 months you have been convicted of these two criminal charges.
(C) You Have a Prior DUI Conviction within 10 years and Get Another DUI.
(D) You are Convicted of Not Having an Interlock. Within the last three years you have been convicted of not having an interlock under Utah Code Ann. 41-6a-581.2. (Interlock Statute in Utah).
(E) Breath / Blood Refusal. Within the last three years you had your driving privilege revoked through an administrative action for refusal to submit to a chemical test under Section 41-6a-520.
(F) Under 21 DUIs and Refusals. Within the last three years you were convicted of a violation of and under 21 DUI or under 21 chemical test refusal.
(G) Felony DUI. Within the last six years you have been convicted of a felony DUI. Meaning three of more DUIs within 10 years.
(H) Automobile Homicide. Within the last 10 years you have been convicted of automobile homicide.
Tampering with an Interlock Device in Utah. Utah Code Ann. 41-6a-518.1. Tampering with an ignition interlock system makes it a Class B Misdemeanor in the following ways:
(i) rent, lease, or borrow a motor vehicle without an ignition interlock system; or
(ii) request another person to blow into an ignition interlock system in order to allow the interlock restricted driver to operate the motor vehicle.
(iii) circumvent or tamper with the operation of an ignition interlock system;
(iv) knowingly furnish an interlock restricted driver a motor vehicle without an ignition interlock system unless authorized under Subsection 41-6a-518(7); (“Hey, you can drive my car.”)
(v) blow into an ignition interlock system or start a motor vehicle equipped with an ignition interlock system for the purpose of allowing an interlock restricted driver to operate a motor vehicle; (“I’ll blow the interlock for you. I haven’t been drinking.”) or
(vi) advertise for sale, offer for sale, sell, or lease an ignition interlock system unless the system has been certified by the commissioner as required under Subsection 41-6a-518(8).
| DUI Alcohol Offense Requiring an Interlock See Utah Code Ann. 41-6a-503 | 1st Offense DUI 41-6a-502 or 41-6a-530 Alcohol Restricted Driver Convictions | 2nd Offense DUI 41-6a-502 or 41-6a-530 Alcohol Restricted Driver Convictions | Felony DUI 41-6a-502 or 41-6a-530 Alcohol Restricted Driver Convictions |
| Interlock Device Statute: Utah Code Ann. 41-6a-518 and 41-6a-530 (Alcohol Restricted Driver Convictions). | SHALL order: ● Ignition interlock, unless violation does not involve alcohol SHALL order: ● Interlock if under 21, unless violation does not involve alcohol ● Interlock for an ARD5 violation OR describe on the record why such order not appropriate | SHALL order: ● Ignition interlock, unless violation does not involve alcohol SHALL order: ● Interlock if under 21, unless violation does not involve alcohol ● Interlock for an ARD5 violation OR describe on the record why such | SHALL order: ● Ignition interlock, unless violation does not involve alcohol SHALL order: ● Interlock if under 21, unless violation does not involve alcohol ● Interlock for an ARD5 violation OR describe on the record why such |
| Duration of Interlock | 18 months. | Long time. | Long time. |
| Proof of Interlock Device Compliance within 30 days | All vehicles owned by Defendant must file proof with court within 30 days of Interlock Device being ordered.
-Failure to install interlock will suspend your Utah driver’s license. | Court to transmit to the driver’s license division interlock status. | |
| Who Pays for the Interlock Alcohol Detection Device. | Probationer/Defendant. Around $90 per month. | Probationer/Defendant | Probationer/Defendant |
| Employer Exception to Interlock Device. Utah Code Ann. 41-6a-518(7). | If a probationer is required in the course and scope of employment to operate a motor vehicle owned by the probationer’s employer, the probationer may operate that motor vehicle without installation of an ignition interlock system only if: (i) the motor vehicle is used in the course and scope of employment; (ii) the employer has been notified that the employee is restricted; and (iii) the employee has employer verification in the employee’s possession while operating the employer’s motor vehicle. EXCEPTION: To the extent that an employer-owned motor vehicle is made available to a probationer subject to this section for personal use, no exemption under this section shall apply. | ||
| Failure to Install an Interlock Device. Utah Code Ann. 41-6a-518(9) | Class C Misdemeanor. | ||
| Tampering with an Interlock Device. | Class B Misdemeanor. | ||
| Expungable in Utah? (Erase your criminal record, seal from the public view.) | All driving under the influence convictions have a 10-year waiting period to expunge successfully completed cases. | Interlock convictions have a 3-year waiting period for Class C and 4 year waiting period for Class B Misdemeanors. | |
| Driver License Suspension. | Yes. Utah Code 41-6a-518.2 convictions will suspend your Utah driver’s license.
1-Year Suspension. | ||
Police Driving License Database for Interlocks.
Utah law requires that the police have the ability to see on your driving record whether an interlock device is required. “The division shall post the ignition interlock restriction on the electronic record available to law enforcement.” Utah Code Ann. 41-6a-518(2)(d) (2021).
Interlock Devices only Apply to Alcohol Related DUIs, not Drugs Only.
Utah Driving under the Influence convictions can be for driving under the influence of alcohol, drugs, or a combination of both. DUIs not involving alcohol should not require an interlock device to be installed. Prescription drug DUIs or marijuana metabolite DUIs do not require an interlock device. This section does not apply to a person convicted of a violation of Section 41-6a-502 whose violation does not involve alcohol.” Utah Code Ann. 41-6a-518(2)(e)(e)
