Interlock Restriction

utah-interlock-restriction-david-laurence-altman-st-george-interlock-restriction-lawyerIGNITION INTERLOCK DEVICES
 
Ignition interlocks are lock out devices which prevent the starting of your vehicle if any measurable breath alcohol is detected by the device.  If an “intended” driver registers any alcohol reading, not only will the vehicle not start but the device will record the failed attempt and send electronic notification to the company monitoring the interlock device.
 
Interlock devices are expensive to install, the total cost can be in the thousands and, even worse, by reporting aborted attempts can trigger probation violation hearings that can lead to jail time.
 
In general, although courts do have the authority to order installation of interlock devices in a first DUI conviction case, most courts do not require installation of an interlock device except in cases involving unusually high BAC readings, aggravated circumstances or DUI related injuries. Installation of interlock devices are mandatory in all second and third DUI convictions.
 

 
 Excerpts:
41-6a-518.   Ignition interlock devices — Use — Probationer to pay cost — Impecuniosity — Fee.
            (1) As used in this section:
            (a) “Commissioner” means the commissioner of the Department of Public Safety.
            (b) “Ignition interlock system” or “system” means a constant monitoring device or any similar device certified by the commissioner that prevents a motor vehicle from being started or continuously operated without first determining the driver’s breath alcohol concentration.
            (c) “Probation provider” means the supervisor and monitor of the ignition interlock system required as a condition of probation who contracts with the court in accordance with Subsections 41-6a-507(2) and (3).
            (2) (a) In addition to any other penalties imposed under Sections 41-6a-503 and 41-6a-505, and in addition to any requirements imposed as a condition of probation, the court may require that any person who is convicted of violating Section 41-6a-502 and who is granted probation may not operate a motor vehicle during the period of probation unless that motor vehicle 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.
            (b) If a person convicted of violating Section 41-6a-502 was under the age of 21 when the violation occurred, the court shall order the installation of the ignition interlock system as a condition of probation.
            (c) The division shall post the ignition interlock restriction on the electronic record available to law enforcement.
            (d) This section does not apply to a person convicted of a violation of Section 41-6a-502 whose violation involves drugs other than alcohol.
            (3) If the court imposes the use of an ignition interlock system as a condition of probation, the court shall:
            (a) stipulate on the record the requirement for and the period of the use of an ignition interlock system;
            (b) order that an ignition interlock system be installed on each motor vehicle owned or operated by the probationer, at the probationer’s expense;
            (c) immediately notify the Driver License Division and the person’s probation provider of the order; and
            (d) require the probationer to provide proof of compliance with the court’s order to the probation provider within 30 days of the order.
            (4) (a) The probationer shall provide timely proof of installation within 30 days of an order imposing the use of a system or show cause why the order was not complied with to the court or to the probationer’s probation provider.

 

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