Managing Attorney
One common consequence of a DWI in Texas and the Houston area is a requirement that you obtain an ignition interlock device. An ignition interlock device is a device that a driver has to blow into prior to turning on the car, and may “lock” the car if it detects alcohol on the driver’s breath.
In Texas, judges regularly order ignition interlock devices as a condition of bond or probation. For obvious reasons, these devices can be problematic and embarrassing in addition to expensive. But when are you required to obtain an interlock device? What are the rules for obtaining an interlock device while on bond or while on probation?
When is an interlock required as a condition of bond?
After being arrested for DWI (or any criminal offense), a judge will set bond conditions in your case that you must follow while your case is pending. In general, judges have wide discretion in setting bond conditions that are related to the alleged incident and protecting the community. Whether or not you have to obtain an interlock as a condition of bond depends on your criminal history (in particular, whether you have a prior conviction for DWI or other intoxication offenses), whether you have a high breath or blood score, were involved in an accident and the policies of your judge.
First-time DWI: For a first-time DWI, there is no legal requirement that a judge order an interlock device as a condition of bond unless the defendant is charged with intoxication assault, intoxication manslaughter or DWI with a child passenger. However, many judges in the Houston area will still require an interlock device if there is a high breath or blood score or there was an accident (some judges require an interlock regardless of the facts of the case or the criminal history of the defendant, but this is rare).
DWI with a prior conviction: Under Texas Code of Criminal Procedure 17.441, defendants with a prior conviction for DWI, BWI or flying while intoxicated are required to obtain an ignition interlock device as a condition of bond. In the Houston area, most judges enforce this requirement without exception (for felony DWIs some judges may even prohibit driving altogether). However, a judge is permitted to not require an interlock if it “would not be in the best interest of justice.” Additionally, the prior conviction must be within five years.
When is an interlock required as a condition of probation?
If your case is resolved by probation, you may be required to obtain an interlock device while you are on probation even if you were not required to have one while on bond. Whether or not you are required to obtain an interlock device as a condition of probation depends on whether you are a minor, whether you have prior DWI or intoxication convictions, your blood alcohol level, whether there was an accident in your case, the terms of the plea agreement, and the policies of your judge.
First-time DWI probation: Many judges in the Houston area require an interlock as a condition of probation and some prosecutors also make an interlock device a condition of a plea agreement. However, for a first-time DWI arrest, an interlock is legally discretionary with the judge unless you have a high breath or blood test or are under 21.
DWI above .15 or prior DWI: Under Texas Penal Code 42A.408(c) a court must require an interlock if a defendant placed on probation had an alcohol concentration of .15 or higher or if a defendant had a prior alcohol-related conviction.
DWI under 21: Under Texas Penal Code 42A.408(e) if a defendant under 21 is placed on probation for any intoxication offense listed in Texas Penal Code 49.04-49.08 an interlock is a requirement of probation.
Ignition Interlock Frequently Asked Questions
When can an interlock as a condition of probation be removed? Under Texas Penal Code 42A.408(f), when a defendant has completed 50 percent of a probationary term, he is eligible to request a removal of the device. Removal of an interlock device is discretionary with the court.
What is the cost of an interlock in Houston? In the Houston area, the cost of an interlock is typically about $100 a month.
Do I still need an interlock if I am not going to drive? If you have been arrested for DWI but do not plan on driving while on bond or probation, you should inform your attorney. Some courts will allow you to sign a document swearing that you will not drive a vehicle without an interlock instead of obtaining an interlock. Other courts may require you to obtain a portable alcohol monitoring device, even if you do not plan to drive.
Can I drive a work vehicle without an interlock device after a DWI? If a defendant who drives a work vehicle has been ordered to obtain an interlock, that can create obvious problems. Fortunately, a judge has discretion to allow a person to drive a work vehicle without an interlock while on bond or on probation. As noted above, a judge has discretion to not require an interlock “in the interests of justice” and Texas Penal Code 42A.408(e) permits a defendant on probation to drive a work vehicle without an interlock as long as the employer is notified.
Do I receive credit for having an interlock while on bond if I am placed on probation? Unfortunately, not. Even if you are ordered to obtain an interlock as condition of bond in a DWI, you will not receive credit for the time you maintained an interlock if you end up on probation.
What should I do if I receive a false positive on an interlock? It is very common for interlocks to malfunction or be set off by substances such as mouthwash. If you have a positive reading in your device, you should speak to your attorney right away. Many attorneys recommend getting a private alcohol test immediately to prove that you do not have any alcohol in your system.
Attorney Jose Ceja is a former prosecutor who has successfully defended hundreds of DWIs throughout the Houston area. If you have been arrested for DWI anywhere in the Houston area, Ceja Law Firm is an excellent choice. Call Ceja Law Firm today for a free consultation.
