An ignition interlock device, often called an IID, is a small electronic unit installed in a vehicle that measures a driver’s breath alcohol concentration and prevents the engine from starting if alcohol is detected. In Texas, courts frequently order these devices in connection with DWI charges or convictions, and in some cases they are mandatory under state law. For the person facing such an order, the impact can extend far beyond the inconvenience of installation, it can affect employment, finances, and even personal freedom if rules are violated.
Texas Ignition Interlock Device Lawyer
Because these cases involve strict legal requirements and serious consequences, it is essential to speak with a knowledgeable DWI lawyer immediately to protect driving privileges, challenge unnecessary restrictions, and avoid costly mistakes. In the sections that follow, The Law Office of Kevin Bennett outlines what individuals need to know about ignition interlock device laws in Texas, including when IIDs are required, the penalties for violations, and the critical role an Austin ignition interlock device lawyer plays in defending clients.
Kevin Bennett always seeks to have honest and open communication with his clients. He knows this can be a difficult time that is made easier by knowing and understanding what is happening. Kevin Bennett personally handles every aspect of your case.
Call The Law Office of Kevin Bennett today at (512) 476-4626 to set up a free consultation. Kevin Bennett represents people throughout Travis County, including Austin, West Lake Hills, Sunset Valley and Lago Vista.
Overview of Ignition Interlock Devices in Texas
- About Ignition Interlock Devices in Texas
- When Texas Law Requires an Ignition Interlock Device
- Rules for Getting an Occupational License With an IID
- How Long the Ignition Interlock Must Stay Installed
- Costs and Payment Options for an Ignition Interlock Device
- Alcohol Counseling Requirements Tied to an IID
- Restricted Licenses for Ignition Interlock Drivers
- What Happens if You Break IID Rules in Texas
- Ways a Lawyer Can Help With IID Orders
- Frequently Asked Questions About Ignition Interlock Device Laws in Texas
- Resources
About Ignition Interlock Devices in Texas
Definition and Purpose — An ignition interlock device, also called an IID, is a small electronic breath-testing machine that is wired into a vehicle’s ignition system. According to Texas Transportation Code § 521.241, its main purpose is to stop a motor vehicle from being started if alcohol is detected on the driver’s breath. Before the engine will turn over, the driver must blow into the device’s mouthpiece. If the measured alcohol concentration exceeds a pre-set limit, the vehicle will not start.
Connection to DWI Laws — Texas courts frequently require an IID in connection with charges and convictions under Texas Penal Code §§ 49.04–49.08, which cover Driving While Intoxicated (DWI), DWI with a child passenger, intoxication assault, and intoxication manslaughter. In many cases, an IID is ordered as a condition of bail, probation, or as part of an occupational driver’s license. The device serves both as a deterrent to drinking and driving and as a monitoring tool for the court.
Monitoring and Compliance — Many IIDs also require “rolling retests” while the vehicle is in motion. These random breath tests occur during driving to ensure that the driver remains alcohol-free. Test results are stored in the device’s memory and can be retrieved by service providers or reported to the court or supervising officer. A failed test, missed test, or tampering alert can lead to serious legal consequences, including revocation of driving privileges.
When Texas Law Requires an Ignition Interlock Device
Mandatory Orders After Certain Convictions — Texas Transportation Code § 521.246(a) states that a judge must order a person to operate only vehicles equipped with an IID if the person is already under such a restriction or if the person’s license has been suspended, canceled, or revoked after a conviction for an offense under Texas Penal Code §§ 49.04–49.08. This mandatory requirement applies regardless of whether the court thinks it is otherwise necessary, because the statute makes it automatic in qualifying cases.
Repeat Offenders and Statutory Requirements — Texas Penal Code § 49.09(h) requires an IID for certain repeat DWI offenders, especially those who have been convicted of a second or subsequent DWI-related offense within five years of the prior offense. In these situations, the IID must be installed on every vehicle owned or operated by the person, and the restriction lasts at least one year after the license suspension ends.
Discretionary Use by the Court — Under § 521.246(b) of the Transportation Code, a judge has the authority to require an IID in other situations if there is “good cause” to believe it is needed for public safety. Conversely, § 521.246(b-1) permits the court to waive the requirement if the judge finds that it is not necessary for community safety and that waiving it serves the best interest of justice.
Rules for Getting an Occupational License With an IID
Filing a Petition — When a driver’s license is suspended, revoked, or canceled, it may be possible to obtain an occupational driver’s license, sometimes called an ODL, to allow limited driving for essential purposes. The process is laid out in Texas Transportation Code § 521.2421. The person must file a verified petition with the appropriate court. This is usually the court in the county where the driver lives or where the incident that led to the suspension occurred.
Required Information — The petition must clearly describe the essential need for driving, specifying the hours, days, and locations where travel is required. It must explain the reason for the suspension and provide proof of financial responsibility in compliance with Chapter 601 of the Transportation Code. The petition must also include a certified abstract of the petitioner’s complete driving record. Without these items, the petition can be rejected.
How Long the Ignition Interlock Must Stay Installed
Standard Duration — Texas Transportation Code § 521.246(d) requires that once a court orders an IID, it must remain installed for the full period of license suspension, revocation, or cancellation unless the court makes specific findings of good cause for early removal. In Texas, DWI convictions generally result in suspended licenses from 90 days to 2 years, depending on circumstances.
Work-Related Exceptions — Section 521.246(e) allows a person to drive a work vehicle without an IID if certain conditions are met. These include that the vehicle is owned by the employer, the driver is required to operate it in the course of employment, the employer is not owned or controlled by the driver, and the employer has been notified of the IID restriction.
Costs and Payment Options for an Ignition Interlock Device
Responsibility for Payment — The cost of installing and maintaining an IID is generally the responsibility of the driver, as provided by Texas Transportation Code § 521.246(c). This includes the initial installation fee, routine calibration, maintenance, and eventual removal of the device.
Ongoing Service Fees — In addition to installation charges, most service providers charge a monthly fee for monitoring and calibration. These recurring costs can add up over time, and failure to pay them can lead to the device being removed, which could result in a violation of the court order and possible license revocation.
Alcohol Counseling Requirements Tied to an IID
When Counseling Is Required — Texas Transportation Code § 521.245 states that if a person’s license is suspended under Chapters 524 or 724, or as a result of a conviction for an offense involving the operation of a motor vehicle while intoxicated, the court must order the person to attend an alcohol dependence counseling program approved by the court. This requirement is in addition to any IID requirement.
Non-Compliance Consequences — If a person does not attend the required program, the court may revoke the occupational driver’s license under Texas Transportation Code § 521.252 or, if there is no IID restriction in place, modify the order to require one under § 521.246. This means non-compliance can lead to more restrictive conditions and loss of limited driving privileges.
Restricted Licenses for Ignition Interlock Drivers
When the Texas Department of Public Safety (DPS) is notified that a court has restricted someone to driving only vehicles with an ignition interlock device, DPS sends notice that the person’s license will expire in 30 days. Under Texas Transportation Code § 521.2465(a), the person can apply for a special restricted license for a $10 fee. This license clearly shows that the person is only allowed to drive vehicles equipped with an IID.
What Happens if You Break IID Rules in Texas
License Revocation — Texas Transportation Code § 521.252 allows a court to revoke an occupational driver’s license at any time for good cause. Revocation is mandatory if a driver under IID restriction operates a vehicle without one, unless the work-vehicle exception in § 521.246(e) applies.
Court Sanctions — Beyond revocation, a driver who violates IID requirements can face contempt of court, probation violations, or arrest. This can occur from tampering with the device, missing a required rolling retest, or failing to maintain and service the IID as ordered.
Probation and Bond Conditions — If the IID is a condition of probation or bond, a violation can trigger jail time, higher bond amounts, or more restrictive probation terms.
Ways a Lawyer Can Help With IID Orders
Challenging the Initial Requirement — Under § 521.246(b-1), a judge can waive the IID requirement if it is not necessary for community safety and doing so is in the best interest of justice. An experienced defense attorney can argue for this waiver by showing factors such as a clean prior record, a low blood alcohol concentration at arrest, or other mitigating circumstances.
Negotiating Exceptions for Employment — A lawyer can help secure a work-vehicle exception under § 521.246(e), allowing the driver to operate an employer’s vehicle without an IID if all legal requirements are met. This is vital for people whose jobs require driving but who do not own the vehicle they operate.
Preventing Overly Harsh Restrictions — Courts have discretion in occupational license cases to set travel limits, impose hours, or require logs. A lawyer can push back on unnecessary restrictions, especially if the IID is already in place, since § 521.248(d) allows unrestricted travel for IID-restricted drivers.
Addressing Alleged Violations — If an IID registers a failed test or missed retest, a lawyer can present evidence that the reading was caused by something other than alcohol (such as mouthwash, medication, or a calibration error). Defense lawyers can also gather maintenance records, subpoena vendor logs, and cross-examine technicians to challenge the accuracy of violation reports.
Fixing Device or Installation Problems — Sometimes a violation stems from device malfunction or improper installation. A lawyer can work to get these issues documented quickly so the court understands the driver was not at fault. This can prevent revocation of driving privileges.
Assisting With Petition and Paperwork — The process of obtaining an occupational license with an IID requires exact compliance with § 521.2421. A lawyer ensures the petition is filed in the correct court, includes all statutory requirements, and meets strict deadlines, reducing the risk of dismissal.
Strategic Timing and Early Removal Requests — An attorney can request early removal of the IID under § 521.246(d) by showing good cause and arguing the device is no longer needed for community safety. This is especially important for clients who have complied flawlessly with all requirements for months.
Frequently Asked Questions About Ignition Interlock Device Laws in Texas
When is an ignition interlock device required in Texas?
An ignition interlock device is required after certain DWI convictions under Texas Penal Code §§ 49.04–49.08, for repeat offenders, or as a condition of bond or probation when ordered under Texas Transportation Code § 521.246.
How long must someone keep an ignition interlock device installed?
The device generally remains installed for the full suspension, revocation, or cancellation period unless a court finds good cause for early removal under Texas Transportation Code § 521.246(d) and determines it is not needed for public safety.
Can a person drive a work vehicle without an ignition interlock device?
Yes, under § 521.246(e), someone restricted to an IID can drive an employer-owned vehicle without one if the job requires driving, the employer is notified, and proof of that notice is kept in the vehicle.
What happens if someone violates ignition interlock requirements in Texas?
Violations such as driving without an IID, tampering with it, or failing required tests can result in license revocation under § 521.252, contempt of court charges, probation violations, or other court-imposed penalties depending on the case.
Is an ignition interlock device required for a first DWI offense in Texas?
It may be required if the driver had a high blood alcohol concentration, was involved in a crash, or if the judge orders it for good cause under § 521.246(b), even without prior DWI convictions.
How does someone get a restricted license for driving with an ignition interlock device?
After the court orders an IID, the Texas Department of Public Safety can issue a restricted license under § 521.2465, showing the driver may only operate vehicles equipped with an approved ignition interlock device.
What is a rolling retest on an ignition interlock device?
A rolling retest requires the driver to provide breath samples at random times while driving. This prevents a sober person from starting the vehicle for someone else and helps ensure continued sobriety during operation.
Who controls the approval of IID devices in Texas?
Texas Transportation Code § 521.247 requires DPS to approve ignition interlock devices before they can be used in Texas. The agency tests devices against standards for accuracy, tamper-resistance, and safety, using National Highway Traffic Safety Administration (NHTSA) guidelines.
Resources
Texas Transportation Code § 521.246 — Ignition Interlock Device Requirement — This section describes when a judge must or may require a driver to use an ignition interlock device, how waivers can be granted, who pays for the device, and how long it must remain installed. It also addresses employer vehicle exceptions and the conditions under which those exceptions apply.
Texas Penal Code Chapter 49 — Intoxication and Alcoholic Beverage Offenses — This chapter defines key terms related to intoxication offenses and describes specific criminal offenses involving alcohol or drug impairment, including driving, boating, flying, and amusement ride operation.
Texas Administrative Code Chapter 10 — Ignition Interlock Device — This chapter of the Texas Administrative Code contains detailed rules for ignition interlock devices in Texas, including definitions, vendor authorization requirements, standards for device approval, inspections, fees, and penalties.
Texas A&M — State of Texas Ignition Interlock Laws: A Policy Evaluation — This policy evaluation report reviews Texas ignition interlock laws, compares them with those in other states, and summarizes findings from stakeholder focus groups.
Texas Department of Public Safety — Ignition Interlock Device — This webpage from the Texas Department of Public Safety provides information on ignition interlock device regulations, licensing, and compliance requirements for vendors. It includes links to approved devices, certified service centers, application forms, and related statutes and administrative rules.
Austin Ignition Interlock Device Lawyer | Travis County, TX
If you are facing charges that could include the wearing of an alcohol monitoring device such as an ignition interlock, consult with an experienced DWI defense attorney such as Kevin Bennett at The Law Office of Kevin Bennett. Austin criminal defense lawyer Attorney Bennett understands the alcohol monitoring technology and can challenge the courts with evidence.
No matter the DWI charge, he provides thorough defense and personalized attention to each and every case. Call (512) 476-4626 to schedule a free consultation with attorney Bennett today.
The Law Office of Kevin Bennett accepts cases in Austin and surrounding areas such as Pflugerville, Lago Vista, Lakeway, West Lake Hills, Bee Cave, and Sunset Valley.
