Ignition interlock devices (IIDs) may be installed in vehicles after drivers are convicted of DUIs. The devices prevent the car from starting if alcohol is detected on the driver’s breath. Many drivers wonder if there are legal penalties for failing an interlock test.
Failing an interlock test is not exactly a crime on its own. However, there might be penalties or consequences for drivers who fail interlock tests, especially if they fail multiple times. Drivers convicted of DUIs are sometimes restricted from consuming alcohol, often as part of their probation terms. While failing the interlock is not an arrestable offense, being intoxicated might violate your probation, and you might be taken back to court. On top of that, the interlock device may track how many times you fail, and that information might be used against you.
Having an ignition interlock device in your vehicle is a big responsibility, and failing a test too many times might send a red flag to law enforcement. Our Salt Lake City DUI defense lawyers can help you if you are facing penalties for failing an interlock test. For a free case review, call Overson & Bugden at (801) 758-2287.
What Happens if I Fail an Ignition Interlock Test in Utah?
Ignition interlock devices are often required after a defendant is convicted of a DUI in Utah. According to Utah Code § 41-6a-505(1)(a)(ix), the court may require that a defendant convicted of a DUI install an ignition interlock device in their vehicle. However, the court has discretion as to whether the interlock device is necessary. Suppose the court can be persuaded that the interlock device is not necessary for the protection of the community or is in the best interest of justice. In that case, the defendant might not be ordered to install the interlock device.
If you fail an interlock test, the car will not start. For the most part, nothing more really happens in most cases. The interlock device does not send some sort of signal to law enforcement to come and arrest you for failing the test. The point of the interlock device is to stop people from driving while under the influence of alcohol, not get people arrested. If you aren’t able to start the car and start driving, it’s unlikely you’ve committed any driving offenses. To sum it up, you will not usually be arrested simply for failing an ignition interlock test.
With that being said, it is important to note that the interlock device usually records data about how often the driver uses it and how many times they pass or fail. It is possible that the police can access this information and see how many times you failed an interlock test in your car. While failing the test is not itself a criminal offense, this information might lead to other consequences, especially if you are not allowed to drink as part of your probation. Talk to our Layton DUI defense lawyers about what to do if you fail an interlock test.
How Many Times Am I Allowed to Fail an Ignition Interlock Test in Utah?
There is no restriction on the number of times you fail an interlock test as long as you are not committing any other sort of violation. As discussed, failing an interlock test is not a criminal offense, although it is certainly frowned upon by the police and courts. The purpose of the interlock device is to prevent the car from starting if the driver has alcohol in their system. Once this happens, there is often no further action.
Since the interlock device prevents the car from being started, the driver is stopped from committing another DUI violation, and there is no reason for an arrest. But keep in mind that the interlock device may track the number of times a driver blows into the interlock device, including the number of times they failed.
If you have failed multiple interlock tests in your car and are worried about potential legal consequences, you can call our Ogden DUI defense attorneys for help. Certain defendants, such as those on probation, might run into trouble if their probation officer looks into how many times they failed the interlock test.
Possible Consequences of Failing an Interlock Test in Utah
You should not be arrested and charged simply for failing the interlock test. However, there might be other consequences depending on your circumstances. You might face penalties if you are an alcohol-restricted person. According to the Driver’s License Division of the Utah Department of Public Safety, alcohol-restricted drivers include people who are not allowed to drive with any alcohol in their system regardless of blood alcohol concentration or whether they are actually impaired.
Alcohol-restricted drivers include anyone under the age of 21 and those convicted of DUIs. You can also become alcohol-restricted for ignition interlock violations. How long you are alcohol-restricted for a DUI depends on the nature of the violation. For example, a person is alcohol-restricted for 2 years following their first DUI conviction and 3 years following a conviction for an ignition interlock violation.
Interlock violations do not necessarily include failing the interlock test. Rather, an interlock violation includes tampering with the device, having someone else take the test for you, or driving a vehicle without an ignition interlock device installed.
You might also face consequences if you are on probation and part of your probation terms includes staying away from alcohol. Since interlock devices can record when a driver fails the test, this information might be obtained by your probation officer as proof that you consumed alcohol. Our Park City Utah DUI defense attorneys can help you if you are facing parole violations or other consequences for drinking as an alcohol-restricted person.
Call Our Utah DUI Defense Lawyers to Arrange a Free Case Evaluation
You should avoid drinking altogether if you have an ignition interlock device in your car. You might not be arrested for failing the test, but there could be other consequences. Call our Provo DUI defense attorneys for a free review of your case. Call Overson & Bugden at (801) 758-2287.
