As defined by Art. 17.441 of the Texas Code of Criminal Procedure, an Ignition Interlock Device (“IID”) is a piece of hardware that uses a “deep-lung breath analysis mechanism to make impractical the operation of a motor vehicle if ethyl alcohol is detected in the breath of the [vehicle’s] operator.” IID providers wire the hardware into the vehicle’s ignition system. The vehicle operator blows into a mouthpiece, which is about the size of a smart phone and is connected to the hardware. The IID’s internal systems will detect and measure ethyl alcohol molecules the vehicle’s operator blows into the mouthpiece. If the operator’s breath contains a certain concentration of ethyl alcohol, the vehicle will not start.
Who Needs an IID?
When police arrest someone for Driving While Intoxicated, the arrested person will go before a magistrate who will set the arrestee’s bond amount along with any bond conditions. Art. 17.441 requires Texas judges to order persons arrested for a second or subsequent DWI offense to install an ignition interlock device on the vehicle the arrestee most regularly drives. Art. 17.40 of the Texas Code of Criminal Procedure authorizes Texas judges to order bond conditions they deem necessary to ensure public safety. In most Texas counties, judges and magistrates use Art. 17.40 to justify ordering IIDs for persons arrested for a first DWI where the alleged alcohol concentration is greater than or equal to 0.15.
In addition to bond conditions, Texas law requires ignition interlock devices as a condition of probation when a defendant is found guilty of Class A Misdemeanor or Felony Driving While Intoxicated offenses. Additionally, Art. 42A.408(e-1), Code of Criminal Procedure requires defendants to install an IID on their vehicle when receiving deferred adjudication community supervision for a Class B Misdemeanor DWI.
Timeframe to Install Ignition Interlock Device
If the magistrate sets an IID as a condition of bond, Art. 17.441(c) requires DWI arrestees to install the IID on their vehicle within thirty (30) days of release. However, most courts set shorter deadlines. For example, Collin County judges require proof of installation within ten (10) days of release. DWI arrestees will need to send proof of installation to their pretrial supervision officer and the court’s bailiff or administrator if the interlock order requires it.
Ignition Interlock Device Concerns
In my years as a DWI lawyer, I’ve encountered a number of client concerns regarding their interlock devices. Here are a few of those concerns and how we addressed them:
Client Drives a Work Vehicle
In the event the arrestee drives a work vehicle, Texas Transportation Code Section 521.246 provides the workaround. So long as the arrestee must drive the work vehicle for his or her job, the arrestee must notify his or her employer. The arrestee must neither own the vehicle nor own or control the employer / company. And the arrestee must maintain a copy of the ignition interlock order inside the work vehicle. The arrestee may then install the IID on the personal vehicle he or she regularly drives when not at work.
Real Estate Professionals
When a DWI arrestee drives clients in their personal vehicle to show real estate or perform other professional duties, an interlock device may not only be embarrassing, it may prohibit the arrestee from earning a living. When scenarios like this arise, the court may authorize the arrestee to trade the IID for a portable alcohol monitoring device, such as a Soberlink. These portable devices can be a job-saver to DWI arrestees who work in sales and marketing fields where they drive clients in their personal vehicles.
Portable alcohol monitoring devices do come with their disadvantages, however. First, the judge has to agree to authorize the exchange. Texas law requires judges to prioritize the safety of the community. Some judges may be sympathetic the sales professionals and authorize the exchange. Other judges may say that an arrestee on bond for DWI could drive while intoxicated again since the portable alcohol monitoring devices have no impact on the ability to start a car. Second, portable alcohol monitoring devices will alert you to provide a breath specimen randomly throughout the day. Pretrial supervision officers see the failure to provide a breath specimen as a sign of alcohol consumption, and they may notify the court of a bond violation.
The Arrestee No Longer Has a Vehicle
Sometimes police arrest a person for DWI when the person is driving someone else’s vehicle. Other times the DWI arrest involved a collision, and the vehicle is no longer operable. In these instances, the pretrial supervision officer will require the arrestee to sign an affidavit, swearing they are not driving a vehicle. Then the court will require the arrestee to use a portable alcohol monitoring device.
Positive Alcohol Violations
When the ignition interlock device detects alcohol on the driver’s breath, the device will require the driver to provide two more breath specimens, each five-minutes apart. The subsequent breath tests will determine whether something like mouthwash triggered the initial alcohol detection or if it is deep lung ethyl alcohol due to metabolized alcohol. During the two subsequent tests, the arrestee will likely blow out all of the residual mouth alcohol from the mouthwash. With mouthwash, we expect the alcohol readings to decrease to zero after the second blow. On the other hand, metabolized breath alcohol results will remain consistent among each of the three breath specimens.
In my experience, I recommend either not using mouthwash while you have an ignition interlock device or use the mouthwash after you arrive at your destination. Pretrial supervision officers report positive alcohol violations to the court. The court will schedule a bond violation hearing. At a bond violation hearing, the judge may give the arrestee a stern talking to, may issue additional sanctions, or the judge may even revoke bond and order the arrestee to be taken into custody until the DWI case gets resolved.
Ignition Interlock Device Providers
Before selecting a provider, check with your pretrial supervision officer to see if your county requires a specific interlock provider. For example, historically Collin County lets DWI defendants shop around and select their provider of choice. On the other hand, Denton County has required DWI defendants to use Smart Start interlock devices in recent years.
Our firm does not endorse any particular interlock provider over another. Here is a non-exhaustive list of IID – providers our clients have used in the past:
If your county gives you a choice, we recommend you consider the following factors when choosing your ignition interlock provider:
- Location – In addition to the initial installation appointment, you will have to take your vehicle in for calibration every month. The calibration process will send IID usage reports to your pretrial supervision officer. Make sure you pick a provider with a convenient location since you may have the interlock for several months.
- Vehicle Compatibility – Before you take your vehicle in, confirm that the IID provider’s device will work with your specific vehicle.
- Cost – Be prepared to pay an initial installation fee as well as monthly service fees. Providers may offer different prices or discounts, so if your county gives you a choice, it can pay to shop around.
- Lockout Policies – Some IID providers will lock you out of your interlock device the moment a monthly payment is late. If you’re locked out, you may not be able to start your vehicle, and the court may assume you are driving a vehicle that is not equipped with an interlock device. Before you sign a contract with an IID provider, be sure you understand their lockout policies.
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