Utah Ignition Interlock Lawyer

In Utah, if you have been convicted of driving under the influence and your license has been suspended, there may be a way to lift that suspension. Using an ignition interlocking device is a way to keep your driving privileges after a conviction. Let Weber Law help get you back on the road today.

What is driving under the influence?

A person may not operate or be in actual physical control of a vehicle within this state if the person:

a.) Has sufficient alcohol in the person’s body that a subsequent chemical test shows that the person has a blood or breath alcohol concentration of .05 grams or greater at the time of the test. 

Driving under the influence is a strict liability offense. 

What is an ignition interlock device?

An ignition interlocking device must be approved by the department of public health and environment which is installed in your car and measures the breath alcohol content of the driver before the vehicle will start. The device can also periodically require additional breath samples during vehicle operations. If any alcohol is detected by the device, the car will not start or will not continue normal operation. 

If you are ordered to use an ignition interlock device, you may only drive in vehicles that have an ignition interlock device, and cannot tamper with the device at all.

WHAT ARE THE PENALTIES?

A first or second offense of driving under the influence is a class B misdemeanor. But can be charged as a class A misdemeanor if, someone is injured due to your driving under the influence, or you have a passenger in the vehicle who is under 18 years of age.

A third or any subsequent charge after your first and second is considered a third-degree felony, along with causing serious bodily injury to another while driving under the influence.

In addition to any of the above-referenced penalties, the court can also require you to only operate a motor vehicle that is equipped with a functioning, certified ignition interlock system installed and calibrated so that the motor vehicle will not start or continuously operate if the operator’s blood alcohol concentration exceeds a level ordered by the court. Which you will be required to pay for.

The court could also require you to attend a treatment program or a license suspension, depending on the severity of the charge.

If you are cited with operating a vehicle without an ignition interlock device, or tampering with an ignition device, when it is required, you could be charged with a class B misdemeanor. You could potentially lose your restrictive license as well, which in turn means your ability to drive.

A class B misdemeanor is punishable by up to six months in jail and a fine of up to $1,000.00.

A class A misdemeanor is punishable by up to one-year imprisonment and a fine of up to $1,000.00.

A third degree felony is punishable by up to five years imprisonment and a fine of up to $5,000.00.

HOW CAN WEBER LAW HELP YOU?

If you have been charged with driving under the influence in the state of Utah, there are a few ways Weber Law can fight for you to get you an interlocking device in your car, so you don’t lose your privilege to drive. At Weber Law we are experienced in defending these charges, winning these cases, and getting you back on the road. 

If you have been cited for tampering with an interlocking ignition device or driving a vehicle without an interlocking ignition device when one is required, let Weber Law fight for you. There are many defenses including you had to drive for an emergency, and you did not know the device had been tampered with. 

The court room can be an intimidating place, let Weber Law help take the stress and worry out of your criminal charges. You do not want to face these charges alone. These charges can mean you face serious jail time, or lose your license.

If you or anyone you know has been charged with driving under the influence, or tampering with an ignition interlocking device, and you do not want to lose your driving privileges, call Weber Law today for a consultation. 

• Utah Code § 41-6a-503, Penalties for driving under the influence violations
• Utah Code § 76-3-301, fines of individuals
• Utah Code § 76-3-204, misdemeanor conviction – term of imprisonment
• Utah Code § 41-6a-502, Driving under the influence of alcohol, drugs, or a combination of both or with specified or unsafe blood alcohol concentration – reporting of convictions
• Utah Code § 41-6a-518, Ignition interlock devices – use – probationer to pay cost—impecuniosity–fee