Texas driving while intoxicated laws make it illegal to operate a motor vehicle while intoxicated or under the influence of alcohol and/or drugs. The legal limit for DWI in Texas is a BAC of .08% or higher. However, you can be convicted for DUI with a lower BAC level if the alcohol in your system impairs your driving abilities. The penalties for a DWI conviction can be severe, including mandatory installation of an ignition interlock device.
What Is an Ignition Interlock Device?
An ignition interlock device (IID) prevents a driver from starting a motor vehicle if they have any alcohol in their system. The IID is a deep lung breathalyzer installed in a vehicle and connected to the vehicle’s starter. The driver must blow into the device before starting the car. If the IID detects alcohol, it prevents the vehicle from starting.
The driver is required to provide random samples through the IID while driving. If the IID detects alcohol, it warns the driver to pull over and stop the vehicle. If the driver does not comply, the IID sets off an alarm (i.e., vehicle headlights flash and the horn blows) until the vehicle comes to a complete stop.
The IID is equipped with a camera to prevent a driver from having someone else blow into the system to start the vehicle. The system logs every time the driver gives a breath sample. The logs, including information from the camera, are accessible to the court.
Overview of Texas Ignition Interlock Device Laws
According to
Texas Transportation Code §521.246, a judge must restrict a driver from operating a vehicle equipped with an ignition interlock device (IID) if:
- The person is under an order restricting driving to a motor vehicle with an IID, including orders imposed as a requirement of bond or,
- The person’s license is suspended, canceled, or revoked because of a conviction under Texas Penal Code §§49.04-49.08, which includes driving, flying, or boating while intoxicated, DWI with a child, intoxication assault, and intoxication manslaughter.
However, the court may order an IID installation in cases other than
DWI and intoxication cases listed in the statute. Likewise, the court can waive the IID requirement if the judge determines an IID is not necessary to protect the public and the waiver is in the best interest of justice.
Installation of an Ignition Interlock Device in San Antonio, TX
A person ordered to drive a vehicle with an IID must obtain and maintain the device at their expense. Installation costs can range from $70 to $150, with monthly fees of $60 to $90. Costs vary by provider and the type of services required by the court order.
When the
Texas Department of Public Safety (DPS) receives an IID order from the court, your driving privileges are canceled unless you install an IID and obtain a restricted interlock license. The cancellation begins on the 30th day after the DPS receives the order. Therefore, you must act quickly to have an IID installed by an approved provider to avoid having your driving privileges canceled.
Are There Exceptions to the Ignition Interlock Device Requirement in Texas?
The ignition interlock laws in Texas have an exception for individuals who must operate a motor vehicle in the course and scope of their job. A judge may waive the IID requirement for these individuals, provided they meet the following criteria:
- They are required to operate a vehicle for their employment;
- The employer owns the vehicle in question;
- The employer is not controlled by or owned by the person whose driving privileges have been restricted;
- The employer receives notification of the employee’s restricted driving privileges and
- Proof of the notification to the employer is always kept with the vehicle.
An employer is not legally required to allow you to operate a vehicle after a DUI conviction. It depends heavily upon the employer and other factors. Therefore, a
DWI arrest could result in losing your job.
DWI convictions have many collateral consequences. A conviction for drunk driving could cause you to lose your job, negatively impact child custody matters, or lose a professional license.
Get Help With a DUI Charge in San Antonio, TX
In Texas, the installation of an ignition interlock device (IID) is a common consequence for those convicted of driving while intoxicated (DWI). These devices help prevent drunk driving by ensuring drivers are sober before operating their vehicles. While IID requirements can be costly and disruptive, understanding the laws and exceptions surrounding them can help individuals navigate their legal obligations. If you’re facing DWI charges or dealing with the aftermath of a conviction, it’s crucial to seek legal guidance to minimize the impact on your driving privileges, job, and future. Contact an experienced attorney for assistance.
Contact the Texas Criminal Defense Attorneys at Barton & Associates Attorneys at Law. Call us at (210) 500 0000
For more information, please contact our [CITY] [PRACTICE AREA] law firm,
Barton & Associates Attorneys at Law, at our offices located in Texas.
Barton & Associates Attorneys at Law, PLLC San Antonio
922 S Alamo St, San Antonio, TX 78205 (210) 500 0000
Barton & Associates Attorneys at Law, PLLC Corpus Christi
5110 Wilkinson Dr Suite 210, Corpus Christi, TX 78415 (361) 8006 780
