Interdicted Driver Law in Utah
Utah’s Interdict Law Prohibits Certain Individuals from Purchasing or Consuming Alcohol
Utah Code 32B-1-401 authorizes courts to declare a person an interdicted person, which prohibits them from purchasing, possessing, or consuming alcoholic beverages. This designation is commonly imposed as part of DUI sentencing and probation conditions. An interdicted driver faces additional legal consequences beyond the DUI conviction itself, including criminal charges for violating the interdict by purchasing or consuming alcohol.
The interdict creates a legally enforceable prohibition that can be checked by alcohol retailers through the state’s verification system. Violation of the interdict is a separate criminal offense that can compound the consequences of the underlying DUI case.
Glen Neeley has navigated Utah’s interdict provisions for DUI clients since 1998. Understanding how the interdict works, how long it lasts, and what happens if it is violated helps clients comply with the requirement and avoid additional charges.
How the Interdict Works
When a court declares a person interdicted, the order is transmitted to the Utah Department of Alcoholic Beverage Services. The person’s name is added to the interdicted persons list, which is available to state-controlled liquor stores and licensed establishments for verification purposes.
While interdicted, the person is legally prohibited from purchasing alcoholic beverages at state liquor stores, purchasing alcohol at restaurants, bars, or other licensed establishments, possessing alcoholic beverages, and consuming alcohol in any setting. The prohibition is comprehensive and applies everywhere, not just in public settings.
The interdict typically remains in effect for the duration of probation or for a period specified by the court. Removal requires a court order, and the person must demonstrate compliance with the interdict and completion of any required substance abuse treatment.
Consequences of Violating the Interdict
Violating an interdict order is a class B misdemeanor under Utah law, carrying up to 180 days in jail and fines. If the person is also on probation for the underlying DUI, the violation constitutes a probation violation as well, which can result in revocation of probation and imposition of suspended jail time.
Law enforcement can enforce the interdict through undercover operations at liquor stores and licensed establishments. Retailers who sell alcohol to an interdicted person may also face penalties. The combination of criminal charges and probation consequences makes interdict violations costly.
For individuals with alcohol dependency issues, the interdict can serve as both a legal requirement and a therapeutic tool. The external enforcement mechanism supports sobriety during the period when the person is most vulnerable to relapse following a DUI conviction.
How Long the Interdict Lasts and How to Remove It
The duration of the interdict depends on the court’s order. In many DUI cases, the interdict remains in effect for the duration of probation, which is typically 12 to 24 months. Some judges impose longer interdict periods, particularly for repeat offenders or cases involving high BAC levels.
Removal of the interdict requires a motion to the court. The motion must demonstrate that the person has complied with the interdict, completed all required substance abuse treatment, satisfied any other conditions imposed by the court, and that continued interdiction is no longer necessary.
Our firm assists clients with interdict removal motions when the legal requirements have been met. Successfully removing the interdict at the earliest eligible date helps restore normal daily life after a DUI conviction.
Frequently Asked Questions About Utah’s Interdict Law
Can I drink at home if I am interdicted?
No. The interdict prohibits all alcohol consumption, possession, and purchase, including in private settings. The prohibition is not limited to public places.
Will my name appear on a public list?
The interdicted persons list is maintained by the Department of Alcoholic Beverage Services and is used for verification at the point of sale. It is not published as a public list for general viewing.
Does the interdict affect my ability to travel?
The interdict itself does not restrict travel, but it prohibits alcohol consumption everywhere, including while traveling. If probation conditions also include travel restrictions, those apply separately.
Connection Between Interdiction and Treatment
Courts often impose interdiction alongside treatment. The interdict supports treatment goals by removing the legal option of purchasing alcohol. Successful compliance strengthens future expungement cases.
Practical Tips for Living Under an Interdict
Social situations require attention. Inform friends and family. Keep the removal order once granted. The period is finite and compliance demonstrates responsibility.
Connection Between Interdiction and Treatment
Courts often impose interdiction alongside treatment. The interdict supports treatment goals by removing the legal option of purchasing alcohol. Successful compliance strengthens future expungement cases.
Practical Tips for Living Under an Interdict
Social situations require attention. Inform friends and family. Keep the removal order once granted. The period is finite and compliance demonstrates responsibility.
Connection Between Interdiction and Treatment
Courts often impose interdiction alongside treatment. The interdict supports treatment goals by removing the legal option of purchasing alcohol. Successful compliance strengthens future expungement cases.
Practical Tips for Living Under an Interdict
Social situations require attention. Inform friends and family. Keep the removal order once granted. The period is finite and compliance demonstrates responsibility.
Daily Life with an Ignition Interlock Device in Utah
Living with an ignition interlock device (IID) changes your morning routine. Before starting the vehicle, you provide a breath sample into the handset. The device takes a few seconds to analyze the sample. If it reads below the preset threshold, the vehicle starts normally. If the reading is above the limit, the device locks the ignition for a timed waiting period before you can retest.
Cold weather in Utah creates additional considerations. During winter months, the device may take longer to warm up and provide accurate readings. We advise our clients to allow extra time before scheduled departures, particularly during December through February when temperatures in the Salt Lake Valley and surrounding areas regularly drop below freezing. The handset should be stored in a location where it will not freeze overnight.
Passengers in your vehicle may ask about the device. There is no legal prohibition against having passengers while driving with an IID, and you are not required to explain the device to anyone. However, the device will prompt rolling retests during your drive, which means you will need to provide additional breath samples while the vehicle is in motion. These retests are timed, and missing one can trigger a violation.
Insurance Implications of an Interlock Requirement
An ignition interlock requirement in Utah is connected to your driving record and typically accompanies an SR-22 insurance filing requirement. The SR-22 is a certificate of financial responsibility that your insurance company files with the Utah Driver License Division. Carrying both an IID and SR-22 increases your insurance premiums, sometimes substantially depending on your prior driving history and the insurance carrier.
The duration of elevated insurance costs often extends beyond the interlock period itself. Many carriers reassess rates based on the full timeline of the DUI-related events on your record. We review these financial impacts with clients during consultation because the total cost of a DUI conviction in Utah extends well beyond fines and court fees. Understanding these costs early helps you plan and budget appropriately.
Common Interlock Myths Versus Reality
Several misconceptions surround ignition interlock devices. One common myth is that mouthwash or certain foods will cause a failed test. While some products containing alcohol can produce a brief elevated reading, the device is calibrated to detect ethanol at specific concentrations. Rinsing your mouth with water and waiting a few minutes before testing typically resolves residual mouth alcohol from food or hygiene products.
Another myth is that someone else can blow into the device for you. Modern IID units use camera verification and breath pattern recognition to prevent circumvention attempts. Attempting to have another person provide a breath sample is a violation that carries serious consequences, including extended interlock periods and potential criminal charges. The device is designed to ensure that the person providing the sample is the driver.
Some drivers believe that disconnecting the battery will reset the device or erase violation data. This is incorrect. Power disconnections are logged and reported. Tampering with the device or its power source creates additional violations that can extend your restricted driving period and result in further penalties from the Utah Driver License Division.
Employer Notification and Workplace Considerations
Utah law does not require you to notify your employer about an ignition interlock requirement in most situations. However, if your job requires driving a company vehicle, the interlock restriction on your license will affect your ability to operate vehicles that do not have an installed device. Our office helps clients understand how the restriction interacts with commercial driving privileges and employer fleet policies.
If you drive a personal vehicle to a job site or between work locations, the interlock device will be part of your daily commute. Calibration appointments, which are typically required every 30 to 60 days, may need to be scheduled around work hours. Glen Neeley has helped clients coordinate IID compliance schedules with employment obligations since 1998, and we understand the practical impact these requirements have on working professionals in Utah.
Talk to Glen Neeley About Your Case
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