Ignition Interlock Devices (IIDs)
Knowledgeable DWI Attorney in Plano, TX
If you were convicted of DWI or of a related offense and your driver's license has been suspended, there is a chance that you could be restricted to using an ignition interlock device (IID) when you operate a motor vehicle for a designated period of time. An ignition interlock device, which is installed in the driver's vehicle, is a deep-lung breath analysis device that requires a driver to take a
breath test every time he or she wants to use his or her vehicle. (Breath tests are used to determine the percentage of alcohol in a driver's system.) The vehicle only starts if the driver produces a clean breath sample. Furthermore, a person driving a vehicle installed with an IID can be required to provide additional samples while he or she is driving in order to ensure that the individual remains sober.
I am Attorney Troy Burleson, and I have years of experience that can serve as a valuable asset in your DWI case. While I am currently a Collin County DWI lawyer, I have previous experience serving as a prosecutor in the local area, which gives me a unique perspective when handling DWI defense cases. Learn more about Texas law as it pertains to ignition interlock devices by reading through the following information.
Who is required to install an IID?
A judge will generally order the use of an IID in a couple of different scenarios, as outlined in Texas' Transportation Code §521.246. One is if the driver has two or more convictions for DWI,
DWI with injury (intoxication assault) or
vehicular manslaughter (intoxication manslaughter). The convictions can include combinations of these offenses. In order for an IID order to be applicable, the previous conviction must have been a final conviction and it must have occurred within 10 years of the new conviction.
An IID can also be ordered for any individual who has had his or her driver's license suspended following a DWI conviction that led to the person being punished for an enhanced DWI offense. One example of an enhanced DWI offense is a DWI offense that led to the serious injury or death of a firefighter, peace officer or emergency medical services personnel who was carrying out an official duty. The timeframe for an IID order is required to be at least half of the convicted person's period of supervision.
Restricted Interlock License and Fees
Individuals who are ordered to obtain and install IIDs are required to do so at their own expense. If a court finds that a person is unable to pay this expense, it could be possible to setup a payment plan. In addition to paying for the actual device and its installation, the driver will also have to pay the fees for a restricted interlock license, which will allow the individuals to drive the vehicle that has the IID installed.
This license should be obtained within 30 days of the person's notice by the Department of Public Safety that his or her driving privilege will be cancelled. This person who received the IID order will be unable to obtain a restricted license if his or her current driver's license is already expired or suspended, or if the person fails to pay the appropriate fees, according to the Texas Department of Public Safety. Obtaining a restricted interlock license also requires paying reinstatement fees.
Exception for IID Installation
Someone who would normally be required to have an IID installed in any vehicle he or she drives can be exempted if all of the following apply:
- Convicted individual must drive a vehicle as part of his or her employment.
- Individual's employer owns the vehicle.
- Convicted individual does not own/control the company that employs him or her.
- Employer receives notification of the driving privilege restriction.
- Proof of this notification is kept with the vehicle.
Obtaining the Legal Help You Need
At my office, The Law Office of Troy P. Burleson, I assist individuals throughout Collin County, Texas with all types of DWI cases. I am knowledgeable about ignition interlock devices and all other aspects of DWI charges, convictions and sentences in the state of Texas. If you want to learn more about Texas' requirements for IID orders or just about your DWI case in general, contact my office. I offer free consultations!