Last month I thought I was okay to drive my car. I have been off probation for 10 months. I am on a zero tolerance which means I cannot drive my vehicle with any alcohol. I blew into my device and blew a 0.065 so it failed and my car wouldn't start so I shut my car off. 3 hours later I attempted to blow again into the device and blew a 0.027 it failed again so I turned the car off. I did not drive. I know the court has no juristiction over me since I am not on probation with the courts since May of 2010 and since I didn't and could not drive because my car would not start would the DMV be able to suspend my license? My attorney tells me not to worry because it was not a rolling test and there is no court to report to due to the fact I am off probation any thoughts?
I understand that trying to start the car is an attempt to drive but that is why the interlock device is there. I'm off probation. 10 months now and never failed a test! The car wont start. I am legally able to drink. When I blew 0.065 it was below the limit which doesn't lessen the fact that its zero driving tolerance. I view the interlock device NOW THAT I AM NOT ON PROBATION as my friend, warning me that I have small traces of alcohol in my body. This 0.00 tolerance is a bit overboard! I am buying me a handheld breathalizer. It is hard to know EXACTLY when your body finishes metabolizing ALL alcohol. My intention was not to try and drive with alcohol in my system. Every time I have a drink or two, After a few hours, I fear blowing into that interlock for fear of failing. Wont the DMV if they are informed which I don't think they will be, look at it as a precaution?? Its not like I blew a 0.16. Please respond.
Criminal Defense Attorney
After your first DUI conviction a Utah driver is issued a "Alcohol Restricted" driving privilege. This is in addition to Court probation and restrictions. This constraint does not show up on your physical license, but law enforcement and the courts have access to this information. This restriction begins on the conviction date for the DUI or the effective date of a suspension or revocation for a Per Se arrest or refusal to submit to a chemical test.
A conviction for a violation of the "Alcohol Restricted" license law will result in a one (1) year revocation of your driving privilege. Because you did not physically drive on the road you may have nothing to worry about. However, technically driving includes attempting to start a vehicle and having actual physical control over a vehicle. This means that you may have technically violated the "Alcohol Restricted" license law, but your attorney is right in that nothing may happen.
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