If you have been arrested and charged with DUI, the court will likely impose harsh penalties, including installing an ignition interlock device on your car. Facing the criminal justice system on your own can be stressful and overwhelming. This is especially true if you are a first offender and have no clue what is going on. If the court orders the installation of an interlock device on your vehicle, you need to follow all instructions and avoid costly mistakes. Our Salt Lake City DUI defense attorney Darwin Overson invites you to keep reading to learn about whether you will go to jail for failing interlock in Salt Lake City and what our lawyers can do to help.
What Is an Ignition Interlock Device in a Salt Lake City DUI Case?
An ignition interlock device is a small gadget installed near the steering wheel of your car. This device is connected to your vehicle’s engine, and it is designed to prevent drunk drivers from operating their car. If you have an ignition interlock installed on your vehicle, you will need to blow into a tube on the device before you can start your car. If the device detects alcohol in your breath, the car will not start. This type of safety measure is required in cases where a person has been convicted of DUI charges in Utah (driving under the influence).
According to Utah’s ignition interlock restriction laws, drivers with ignition interlock devices (IID) installed on their vehicles cannot operate another car to get around their ignition interlock; you are forbidden from operating any other vehicle without your ignition interlock device.
You may have an interlock system device installed in your car for several possible DUI crimes: if you were convicted of DUI (Utah Code § 41-6a-502), an interlock restricted driver violation (Utah Code § 41-6a-518.2), or a second or subsequent DUI (Utah Code § 41-6a-520).
The immediate consequence of failing your interlock in Salt Lake is that you won’t be able to operate any motor vehicle for a set period. It is essential to understand that Utah has a zero-tolerance policy when it comes to drinking and driving. If you are charged with DUI and have an ignition interlock device installed on your car, follow all court-mandated instructions to prevent any potential penalties.
Will I Go to Jail for Failing My Interlock Device Test in Salt Lake City?
As mentioned, Utah law prohibits a restricted driver from operating another motor vehicle without their IID. It is essential to understand that these devices do more than just detect alcohol and stop you from driving under the influence. For instance, most of these gadgets will record all the times you failed to start your vehicle. Simply failing a test might not be enough for an arrest since the car will not start and the ignition interlock would have done its job. The court might still get access to this record and obtain proof that you were under the influence, which could violate other terms of probation or suspension. Furthermore, there are devices with cameras installed on them to make sure it is you – and no one else – blowing into the device to start your vehicle’s engine, which can result in charges if you failed the test and then let someone else start the car for you.
If you are charged with DUI in Utah, you may be deemed a restricted driver. A restricted driver is a person who cannot drive a vehicle with any amount of alcohol in their body. According to Utah law, there are two main ways you can become a restricted driver: by committing several alcohol-related offenses or by underage drinking and driving. There are harsh penalties for restricted drivers who violate these restrictions in Utah, which may include jail time, fines, and the suspension of your driver’s license.
Things can be further complicated if you are a restricted driver with an interlock system in your car and are caught driving another vehicle while under the influence of alcohol. These are circumstances where the court may find you in violation of your interlock orders, along with aggravating factors that may ramp up your criminal penalties. Under Utah law, an ignition interlock restricted driving offense is considered a Class B misdemeanor, which carries jail time and steep fines. It is always in your best interest to hire a Salt Lake City criminal defense lawyer who can guide you through the process.
Understanding DUI and Interlock Penalties in Salt Lake City, Utah
As mentioned, Utah has strict DUI sentencing guidelines that punish individuals charged with drunk driving and violations of interlock device orders. On top of already harsh penalties, you can face devastating consequences if you have a previous DUI history, cause injury or death while driving under the influence, or are found guilty of DUI with a minor as a passenger. Installing an interlock device in your car is a way for the state to make sure you will not engage in such behavior again. If you refuse to follow the rules and get caught in violation of a court order, you will risk your freedom and your finances.
Your DUI penalties can increase depending on your specific circumstances. For instance, a first DUI offense carries a maximum penalty of six months in jail and up to $1,000 in fines. A second DUI offense in Utah carries a maximum penalty of 180 days in jail, which can ramp up to two years if you are found in violation of your IID if you have been convicted within the last ten years, and thousands of dollars in fines.
If you are convicted of a third DUI violation, you will face up to five years in prison, thousands of dollars in fines, and the suspension of your driver’s license. You may face additional penalties if you breached an IID order and were convicted within the last ten years. It is always in your best interest to hire a Riverton City criminal defense attorney who understands how to handle these charges and can let you know what to expect from your case.
Criminal Defense Attorney Offering Free Consultations in Salt Lake City
If you or a loved one was charged with DUI in Salt Lake or anywhere else in Utah, you need immediate legal assistance. Our Salt Lake City criminal defense attorneys from Overson & Bugden can assist you. We will fight aggressively and strategically to defend and uphold your rights and freedom. Facing Utah’s criminal justice system can be scary, especially if you have never faced criminal charges. We can sit down with you in a free, confidential consultation and help you understand what you can expect from your case. Call our law offices today at (801) 758-2287.
