If you do not have a car and will not be driving a car for any reason during the time the courts require an ignition interlock device, you do not have to worry about this requirement. There are not any consequences of not driving during this time. However, it is imperative that you do not drive any vehicle for any reason during this time.
Driving a vehicle — even if you borrow a car as a one-time thing to run an important errand —that does not have an ignition interlock device installed will be against the law and will violate the terms of your probation.
You Must Install an Interlock Device on Any Car You Drive
When you do not have a car, the court, the police, and your probation officer all assume you will need some way to get to work, school, or other places. Sometimes public transportation is possible, or some people opt to have someone else drive them or ride a bike. There are options for transportation that do not include driving.
However, to avoid installing an interlock device, you need to take one of these alternative options every time. It is illegal to borrow someone’s car, use a family member’s car, or buy a car, and not get an ignition interlock device installed. Any time you are behind the wheel during your probationary period, you much have this type of device in the vehicle.
Sharing a Vehicle
If you share a vehicle with someone else, you will still need to have the device installed and monitored. The only exception to this rule is for some work-owned vehicles. When the other person drives the car, they will need to blow into the device just as you would. You will need permission from the owner of the vehicle to get the device installed.
Understanding Ignition Interlock Devices
An ignition interlock device, sometimes called an IID, is a device that ensures the driver of a vehicle is sober. You have to blow into a tube before the vehicle starts and randomly as you drive. This machine checks your blood alcohol content with each blow, ensuring you are not intoxicated.
Some machines have additional features, such as snapping a picture of the person blowing, GPS tracking, and other tools to ensure the driver is not trying to cheat the system.
IIDs are expensive to install and the costs associated with the necessary monitoring add up quickly. If you only drive occasionally and do not own your own car, you may be better off not driving at all during this time and skipping the mandatory IID.
Texas Requires Interlock Devices After a First Driving While Intoxicated Conviction
Texas will order an ignition interlock device during a license suspension following a DWI conviction. A first-time offender will also need to install an IID if they get an occupational license to drive to work, school, and run other necessary household errands. For the duration of their suspension, they must only operate cars with ignition interlock devices.
The courts also require those convicted of other DWI-related crimes to get an interlock device installed. This includes:
- Intoxication assault
- Intoxication manslaughter
- Second or subsequent DWI offenses within a ten-year period
Once ordered to install this type of device, it is illegal to drive any motor vehicle not equipped with one. Having an ignition interlock installed on any car you drive is a condition of your release. If you are on probation and get pulled over driving a vehicle without one, the Judge could order you back to jail.
They could opt to revoke your probation and have you arrested and sent back to jail. This could mean serving your full sentence.
Your DWI Attorney Can Help You Understand Your Sentence and What You Need to Do
At Eddington Worley Attorneys, our Texas DWI team ensures our clients know what they need to do and how each part of their sentence applies to them. We will not leave you in the dark, trying to figure out what to do next after your sentencing.
If you have questions or concerns about your case, or if you need an attorney to handle your recent DWI arrest, we are here for you. Call us today at 855-600-6695.
We will continue to support you and help you navigate the criminal justice system as long as you need us. This may include petitioning for your occupational license, ensuring you understand the ignition interlock rules, and even representing you to the Judge if you get caught driving without an IID.
Talk to a Texas DWI Attorney Today
If you face accusations or charges for a Texas DWI-related offense, the team from Eddington Worley Attorneys can help you fight for the most favorable outcome possible based on the facts of your case. We can also help you if you drove without an interlock device after a conviction.
Reach out to us today at 855-600-6695 to learn more.
