Even First Time DUI Convictions Require an IID Installation
But this is just the start of the potential problems that follow these devices. False positives, long term memory with auto-download and forwarding features, and permissible starting at anything under .025 BAC present very real difficulties for those ordered to install an IID. Moreover, frequently the court term (12 months) and the DLD term of installation (18 months) are different, leading to confusion and potential criminal and civil sanctions including losing your license for another 12 months! Even more confusing is when a court fails to order an IID for a first time DUI (it’s a relatively new rule), the court conviction travels via a program called CORUS
The length of time that the Ignition Interlock Restriction is required depends on the type of offense and whether any prior offenses exist. However drivers MUST be aware that a difference may exist at the time of sentencing between the court ordered IID (usually no more than 12 months) and the Division of Public Safety DLD’s requirements (always a minimum of 18 months). This mean you may have contradictory orders and must always follow the longest requirement or face further suspension of your license for a year. Remember the law requires an IID in any vehicle you own or operate, so if you own a historic car, a motorcycle, a commuter car, and a jeep that is four (4) IID’s at a cost of $75 a month.
Utah’s Ignition Interlock Restriction Timelines:
- For a first DUI offense, the driver in Utah must install the ignition interlock device for 18 months.
- For a first DUI offense, the court however will order the driver to install an ignition interlock device for 18 months.
- For a second DUI offense, the driver in Utah must install the ignition interlock device for 3 years (or 36 months).
- For a violation of the ignition interlock restriction, the driver must install the device for three years.
- For a refusal to submit to chemical testing of the breath, blood or urine, the driver must install the ignition interlock device for 18 months and three years for a 2nd DUI conviction or DLD action.
- For any driver under 21 convicted of DUI, the driver must install the ignition interlock device up to the time they reach 21 and depending on the driver, some time after that.
- For any felony DUI, the driver must install the ignition interlock device for a period of 6 years.
- For any auto homicide offense, the driver must install the ignition interlock device for a period of 10 years.
IID’s can cause significant problems for drivers as they are programmed to lock out the vehicle at .025 BAC and above, but record every breath test the driver of the vehicle makes. So for example if you drink the night before and blow .010 in the morning, (or used mouthwash) your vehicle will start, but the computer will record and report that .010 to the court (and ultimately the DLD soon). Thus if you are on probation, this constitutes a probation violation that will haul you into court and likely get you a few days in jail.
The only way to prevent this issue is by purchasing a Portable Breath Tester (PBT) (Best Buy has them) for $50 – $99 and breath into it every time prior to trying to start your vehicle to ensure that you are .000.