DWI
 
DRIVING WHILE INTOXICATED is a serious charge. It can cost thousands of dollars, even if you “win” your case by way of an acquittal, dismissal or reduced charge.


NOTE: IF YOU ARE ARRESTED FOR DWI OR DUI-MINOR, YOU HAVE 15 DAYS TO REQUEST AN ADMINISTRATIVE LICENSE REVOCATION ("ALR") HEARING. IT IS A VERY IMPORTANT THAT YOU OR YOUR LAWYER DO SO.
DRIVING WHILE INTOXICATED

What exactly is driving while intoxicated? The State has to show the following, to prove that you are DWI:

· identity of Defendant
· on or about a certain date
· in a particular Texas county
· operated
· a motor vehicle
· in a public place
· while intoxicated

In a great majority of cases, the only issue is whether the Defendant was intoxicated. The legal definition of intoxication is:
(A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or
(B) having an alcohol concentration of 0.08 or more.
As you can see, if the jury believes beyond a reasonable doubt that a person has lost the normal use of their mental faculties, or their physical faculties, or had an alcohol concentration of 0.08 or more while operating a vehicle, one may be convicted of DWI. That means there are three ways the State can convict a person for DWI. The juror’s opinions don’t even have to be unanimous as to the theory of intoxication.

Now that you know the definition of intoxication, how does the State prove it? Well, I like to look at DWI evidence in four phases:
· driving facts – the basis for the stop, and is it a clue of intoxication?
· personal contact – the officers observations of the driver such as odor of alcohol, loss of balance, confusion, admissions by the driver, slurred speech, bloodshot eyes, etc.
· standardized field sobriety testing – the horizontal gaze nystagmus (HGN), the walk and turn, and the one leg stand.
· chemical testing – breath, blood or urine testing.

Keep in mind, all of the things you say and do are being recorded by the camera inside the officer’s vehicle and his body or car microphone, or at the jail.

A law enforcement officer determines that there is a reasonable suspicion for an initial traffic stop of a motorist. After contact with the individual is initiated, the officer develops probable cause to arrest the person for DWI. Specifically, if the officer has reason to believe that the driver is impaired, a set of field sobriety tests may be administered. If the driver performs poorly, the driver is arrested for DWI and transported to the police station. Note that the officer’s decision must necessarily be based on his opinion that the driver has lost the normal use of their mental and physical faculties, as there is no opportunity for chemical testing on the side of the road (aside from the portable breath test, which is inadmissible in court – see below).

So, why take a breath test? That’s a good question, for the following reasons:
· Why would you give the State another theory upon which to convict you?
· The officer has already made a decision to arrest based on loss of faculties. Did you know that if you pass the test, you are still under arrest for DWI? You don’t get to go home. How can that be?
Here’s how:
· The State will argue that you lose the normal use of your faculties at an alcohol concentration lower than 0.08.
· The State will argue that your breath/blood/urine concentration was higher at the time of driving than the time of testing.
· The State will argue that you were also on drugs, and this caused you to lose your faculties.
· Did you know that the machine used for breath testing is unreliable?

BREATH TESTING. There are two kinds of breath tests: the road-side, hand-held test and the Intoxilyzer 5000 machine located at the county jail.

A NOTE ABOUT THE PORTABLE BREATH TEST (PBT): This road-side test is notoriously inaccurate and the results are not admissible in court due to its inaccuracy, but the Court will let it in to show the “presence of alcohol.” This is ridiculous. What is a jury going to think? That you passed the test and the officer still arrested you? Of course not, they are going to assume you failed this test. The officer may try to coax you to take it by saying that it’s not admissible in court, but he will hold the results up to his video camera in the car for the prosecutor to see. Be polite and decline, and stand your ground.

The INTOXILYZER 5000 machine is usually kept at the jail, although big cities like Austin may have a mobile unit they park in high DWI areas like 6th Street. The results of this test are admissible in court. Most people think this machine is reliable and accurate, when in truth, it is not. If you have had anything to drink, you run the risk of failing it. The legal limit of .08 is very low for most adults, and the results of the test can be manipulated. With that big, official sounding name, it sure sounds like a supercomputer, but did you know:
· The Intoxilyzer 5000 is not warranted for breath testing.
· It runs off computer software that is about as sophisticated as an Atari game system. Remember those? Iam sure some don’t.
· The machine tests alcohol concentration at the time of the test, not the time of driving.
· The people who make the machine will not give out the information about how it works.
· Texas law says that if the two samples that are taken are within 0.02 of each other, it is considered a valid analytical result? That means a 0.061 and a 0.081 is a valid test, even though there is a 25% difference in the results, and one is passing and the other is failing!!!
· Your body varies wildly in alcohol concentration in the lungs over time based upon weight, the time of drinking, eating, the type of alcoholic beverage, the time of the last drink, the pattern of drinking and many other factors, even including gender and race!!!
· Mouth alcohol can seriously affect the test. If you burp or belch at or near the time you blow into the machine, you will blow much higher. I have personally tried this. Once I drank 5 Bud Light beers in one hour, one every 12 minutes. I waited 20 minutes an blew into an Intoxilyzer 5000 operated by a certified breath test operator. I blew a 0.053. A few minutes later I belched, and I brought that to the attention of the operator. He reset the machine (which takes a few minutes) and I blew a 0.085. There is no way my alcohol concentration could have increased so quickly.
· Did you know the entire machine’s testing system – the processor, the calculations and the software - assumes everyone is the same? The machine makes up to SEVEN assumptions about people’s body temperatures, breath to blood ratios, etc. A person who has a higher body temperature will show a higher result, this can be almost 10% per degree!
· Texas law says that the operator of the Intoxilyzer has to be in the presence of the defendant for 15 minutes to make sure that they don’t burp or belch or ingest anything. Caselaw says that the operator must only be in the presence of the defendant – it is legally sufficient for them to sit in opposite corners of the room facing the wall, not paying attention, and that’s good enough. In ten years, I have never seen an operator restart the 15 minute observation period due to this fact.

STANDARDIZED FIELD SOBRIETY TESTING

Police Officers are trained and certified in the administration of what is known as Standardized Field Sobriety Testing (SFST). Standardized Field Sobriety Testing is a battery of three tests administered and evaluated in a standardized and objective manner to obtain indicators (called "clues") of impairment and to establish probable cause to arrest a DWI suspect. These tests were developed as a result of research sponsored by the National Highway Traffic Safety Administration (NHTSA). In Texas, police officers must complete an NHTSA-approved, State-sponsored training course to be certified to administer the HGN test and the other two tests comprising the sobriety test battery. The 40-hour course consists of 24 hours of classroom instruction and 16 additional hours of field evaluations. Upon satisfactory completion of the classroom instruction, an officer receives "practitioner certification" to administer the sobriety test battery. During the 16 hours of field evaluation, the officer must complete and document 35 test cases of administration of the test battery. After completion of the 35 test cases, submission of the results, and approval by the Texas Engineering Extension Service, Law Enforcement Training Division, an officer receives "proficiency certification" from the Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE).

The three Standardized Field Sobriety tests are: (1) the horizontal gaze nystagmus (HGN), (2) the walk and turn, and (3) the one leg stand. NHTSA training suggests that SFSTs are reliable in identifying subjects whose B.A.C.s are 0.08 or more. The reliability of SFST is, however, completely contingent upon the tests being administered in a prescribed, standardized manner, standardized indicators ("clues") being used to assess the suspect's performance, and standardized criteria being employed to interpret the performance.

HORIZONTAL GAZE NYSTAGMUS (HGN)

Horizontal gaze nystagmus is a naturally occurring involuntary jerking of the eyeballs as they track a stimulus from side to side. This occurs very rapidly and is generally too fast to see in a person who is not intoxicated (unless they have some other medical problem that causes nystagmus, which is possible) The theory is that when a person is impaired by alcohol, the nystagmus (the jerking of the eyeballs) slows down due to the introduction of a depressant into the body, ususally alcohol, and becomes observable by the naked eye.

In the HGN test, the officer is trained to observe the eyes of a suspect as he follows a slowly moving object such as a pen or small flashlight (referred to as a "stimulus") back and forth (horizontally). The stimulus is held 12-15 inches in front of the subject's nose, with the tip slightly above the eyes. As the suspect tracks the stimulus with his head remaining still, the officer is trained to look for three indicators (or clues) of impairment in each eye: (1) the eye cannot follow the stimulus smoothly (2) distinct nystagmus when the eye is at maximum deviation (maximum deviation meaning the eyeball moved horizontally as far as it can go, to 90 degrees), and (3) the angle of onset of nystagmus is prior to 45 degrees from center (45 degrees being approximately when the stimulus is in front of the subject's shoulder. Officers are trained that if a suspect exhibits four or more clues, there is a probability that the person has a B.A.C. of 0.08 or more.

WALK AND TURN

There are two stages in the walk-and-turn test: (1) the instruction or attention stage, and (2) the walking stage. In the instruction stage, the subject is directed to stand on a line with his feet in the heel-to-toe position (right foot in front), keep his arms at his sides, and listen to instructions and don’t begin until being told to do so. The subject is instructed to take nine continuous steps without stopping, heel-to-toe, along a straight designated line while counting the steps out loud and watching his feet, and then turn and return in the same manner.

The officer is trained to look for eight clues of impairment:
1. loses balance during the instructions (by breaking away from the heel-to-toe stance),
2. starts walking before the instructions are finished
3. stops while walking
4. does not touch heel-to-toe (by missing by at least one-half inch),
5. steps off the line
6. uses arms for balance (by six inches or more from the side),
7. loses balance or turns improperly, and
8. takes the wrong number of steps.

Just two mistakes or clues indicate a failure. Officers are trained to administer the walk-and-turn test on a hard, dry, and non-slippery surface, and in a well illuminated area. Officers are also instructed that people more than 60 years old, over 50 pounds overweight, or with physical impairments that affect their balance should not be given the test. Officers are taught that a straight line that the suspect can see must be used, and to remain motionless and stand three to four feet away from the suspect during the test. Last, officers are trained that individuals wearing heels more than two inches high should be given an opportunity to remove their shoes.

ONE LEG STAND

There are two stages to the one-leg-stand test: (1) the instruction or attention stage, and (2) the balancing and counting stage. In the instruction stage, the suspect must stand with his feet together with his arms at their sides. The subject is instructed to stand with one foot of his choice approximately six inches off the ground, hands to the side, and count aloud by thousands (One thousand-one, one thousand-two, etc.) while looking at the elevated foot until told to put the foot down. This is a timed test, for 30 seconds.

The officer is trained to look for four clues of impairment:
(1) swaying while balancing (a noticeable sway in a side to side or back and forth motion),
(2) using arms to balance (arms must raise from sides more than six inches),
(3) hopping to maintain balance, and
(4) putting the foot down.

Just two mistakes or clues indicate a failure. Like the walk-and-turn test, officers are trained to administer the one-leg-stand test on a hard, dry, and non-slippery surface, and in a well illuminated area. Officers are also instructed that people more than 60 years old, over 50 pounds overweight, or with physical impairments that affect their balance should not be given the test. Officers are also instructed to remain motionless during the test and stand three feet away from the suspect. Last, officers are trained that individuals wearing heels more than two inches high should be given an opportunity to remove their shoes.

DISCLAIMER

This information is an overview of the basics of the SFSTs, and certainly does not cover all of the specifics of standardized field sobriety testing. Any questions regarding the proper administration or scoring of SFSTs can only be answered after a careful review of the facts of your case, specifically the police report and videotapes. The preceding information is provided for informational purposes only and is not legal advice. Any questions regarding of standardized field sobriety testing, Texas law or the rights of DWI suspect should be directed to a licensed Texas attorney provided with the defendant's specific fact situation.

ENHANCEMENT ALLEGATIONS

There are enhancement allegations, that is additional facts in a particular case, that cause the punishment for the offense to be increased. Some common DWI enhancements are:
· Enhancements for repeat offenders
· 2nd offense = Class A misdemeanor, ignition interlock device, additional DL suspension for conviction, 5 days minimum confinement as condition of probation
· 3rd offense = 3rd degree felony (2-10 prison), ignition interlock device, additional DL suspension for conviction, 10 days minimum confinement as condition of probation
· Second felony DWI = 2nd degree felony (2-20 prison), ignition interlock device, additional DL suspension for conviction,
· Third felony DWI = 25-99 years or life in prison
· Intoxication assault = 3rd degree felony, additional DL suspension for conviction, 30 days minimum confinement as condition of probation
· Intoxication manslaughter = 2nd degree felony, additional DL suspension for conviction, 120 days minimum confinement as condition of probation
· 1st offense + minor = ignition interlock device, additional 90 day DL suspension for conviction
· 1st offense + open container = six days minimum confinement
· 1st offense + 0.15 BAC = ignition interlock device
· 1st offense + child under 15 in vehicle = state jail felony (180 days - 2 years)

SO, WHAT DO YOU DO IF YOU ARE A DWI SUSPECT?
· Whether you answer questions from the officer is up to you, but the less said the better. However, always identify yourself, produce your drivers license, insurance, etc. Failure to ID is a crime.
· Whether you do field sobriety tests is up to you, if you pass you will be released, but if you refuse all tests, you are likely to be arrested, even if you are not intoxicated.
· Whether you give a sample of your breath, blood or urine is up to you, but I don’t generally recommend it unless you have had little to no alcohol to drink. Note that your drivers license can be suspended for refusing to give a sample of your breath, blood or urine (see below).
· Make an unequivocal request for an attorney. Do it as soon as you are arrested.
· Be polite and respectful, no matter what. EVERYTHING that you say or do on the video is going to be used against you. Make sure that you behave in a polite and sensible manner. The officers are generally very professional, and they would not do anything to hurt you.
· Do not waive your rights to remain silent or consent to a search.

WHAT ABOUT MY DRIVERS LICENSE?

After being read the Statutory Warning (see Periods of Suspension below) that contains the consequences for failing or refusing to give a sample of your breath or blood, the driver is asked to submit to a chemical test to measure his/her alcohol concentration at the jail (or mobile breath alcohol testing bus (“BAT BUS”)). Usually, the individual is asked to take a breath test, although the officer may request a blood specimen or both breath and blood. If the driver (1) refuses to provide a specimen, or (2) provides a specimen with an alcohol concentration greater than 0.08, or (3) is a minor and provides a specimen with a detectable amount of alcohol or has a detectable amount of alcohol in their body as determined by other means (generally beer breath or admission of drinking), the officer is going to confiscate the drivers license immediately and issue a document called “Notice of Suspension and Temporary Driving Permit”. This permit is valid for 40 days, unless you request a hearing to contest the suspension of your license, in which case it is valid until the judge makes a decision in your case. This process is called Administrative License Revocation.

You must request an administrative license revocation (“ALR”) hearing within 15 days of your Notice of Suspension. This is critical that you do so!!!

If you do not make the request within 15 days you waive your right to a hearing.

An ALR hearing is critical to the defense of your DWI case. I strongly disagree with any attorney who tells you otherwise. It is very important to your case for the following reasons:
· You might win your case, and not suffer a license suspension. You will save hundreds of dollars for reinstatement fees and costs associated with getting an occupational drivers license.
· An ALR hearing is a great opportunity to cross-examine the arresting officer prior to trial. I cannot tell you how many DWI cases have had positive outcomes due to facts learned about a case at an ALR hearing. Anything the officer says at the ALR hearing is admissible in the criminal trial, and they generally come unprepared to testify.

Adults

If the driver failed the breath or blood test, the Administrative Law Judge (“ALJ”) must determine whether (1) the person had an alcohol concentration of 0.08 or greater while operating a motor vehicle in a public place; and (2) reasonable suspicion to stop or probable cause to arrest the person existed.

If the driver refused to submit to a chemical test, the ALJ must determine whether (1) reasonable suspicion or probable cause existed to stop or arrest the person; (2) probable cause existed to believe that the person was operating a motor vehicle in a public place while intoxicated or operating a watercraft powered with an engine having a manufacturer's rating of 50 horsepower or more while intoxicated; (3) the person was placed under arrest by the officer and was requested to submit to the taking of a specimen; and (4) the person refused to submit to the taking of a specimen on request of the officer.

Under 21 Years of Age

If a chemical test was not requested or if the driver provided a specimen with any detectable amount of alcohol, the ALJ must determine whether: (1) the person is a minor and had any detectable amount of alcohol in the minor's system while operating a motor vehicle in a public place; and (2) whether reasonable suspicion to stop or probable cause to arrest or take the minor into custody existed.

If the driver refused to submit to a chemical test, the ALJ must determine whether: (1) reasonable suspicion or probable cause existed to arrest or take the minor into custody; (2) probable cause existed to believe that the minor was operating a motor vehicle in a public place while intoxicated or while having any detectable amount of alcohol in the minor's system or operating a watercraft powered with an engine having a manufacturer's rating of 50 horsepower or above while intoxicated; (3) the minor was placed under arrest or taken into custody and was requested to submit to the taking of a specimen; and (4) the minor refused to submit to the taking of a specimen on request of the officer.

Periods of Suspension

Adults

· Refused to provide a specimen - 180 days, or
· 2 years if previously suspended for failing or refusing a specimen test or previously suspended for a DWI, Intoxication Assault or Intoxication Manslaughter conviction during the 10 years preceding the date of arrest.

· Provided a specimen with an alcohol concentration of 0.08 or greater - 90 days, or
· 1 year if previously suspended for failing or refusing a specimen test or previously suspended for a DWI, Intoxication Assault or Intoxication Manslaughter conviction during the 10 years preceding the date of arrest.

Under 21 Years of Age

· Refused to provide a specimen - 180 days
· 2 years if previously suspended for failing or refusing a specimen test or previously suspended for a DWI, Intoxication Assault or Intoxication Manslaughter conviction during the 10 years preceding the date of arrest.

· Provided blood or breath specimen with an alcohol concentration of 0.08 or greater, (or any detectable amount of alcohol) or was not requested to provide a specimen following an arrest for Driving Under the Influence of Alcohol by Minor or DWI, Intoxication Assault or Intoxication Manslaughter involving the operation of a motor vehicle:
· 60 days first offense
· 120 days if previously convicted for Driving Under the Influence of Alcohol by Minor or DWI, Intoxication Assault or Intoxication Manslaughter
· 180 days if previously convicted twice or more for Driving Under the Influence of Alcohol by Minor or DWI, Intoxication Assault or Intoxication Manslaughter.

I lost my license, what do I do now, I need to drive?

TEXAS OCCUPATIONAL DRIVER LICENSE

What is an occupational license?

An occupational drivers license (“ODL”) is a restricted license issued to persons whose license has been suspended or revoked for a variety of offenses (other than medical reasons or delinquent child support). An ODL authorizes the operation of a non-commercial motor vehicle for a person’s occupation, for educational purposes or in the performance of essential household duties. Petitions for such licenses are filed to the county or district court in the county of the person’s residence or to the court where the offense was filed.

Is the court order the ODL?

No, this is the order granting the ODL. Within 30 days from the signing of the ODL order, a certified copy of the court order and all other required items (SR-22, $10 ODL fee, and $125 reinstatement fee) need to be submitted to the Texas Department of Public Safety (DPS) in Austin at 5605 North Lamar so an ODL can be issued. A certified copy of court order may be used as a license for 30 days from the date of the judge’s signature while DPS processes the ODL.

Can you drive a commercial motor vehicle with an ODL?

Absolutely not.

Can a minor get an ODL?

While possible, it is highly unlikely due to the cost, waiting periods, and the local judges’ decision not to exercise their discretion to issue an ODL to minors.

What are the requirements for the occupational license?
· The certified copy of the petition and a certified copy of the court order granting the occupational license.
· An original pink SR-22 certificate of insurance.
· An occupational license fee, usually $10.00.
· Any statutory reinstatement fees required by the Department of Public Safety, usually the ALR reinstatement fee, $125.00.

But wait, it gets worse! A lot worse. Those convicted of DWI have the Driver Responsibility Act to deal with.

DRIVER RESPONSIBILITY ACT

The Driver Responsibility Act (Transportation Code Chapter 708) establishes a system which assigns points to moving violations classified as Class C misdemeanors and applies surcharges (a ridiculous term the government uses to fine people twice for the same offense in violation of the Double Jeopardy clauses of US and Texas Constitutions) to persons convicted of certain offenses, based upon the type of offense and the time period in which the citation was received. For each conviction, DPS will assign points or surcharges to a person’s driver license.

Annual surcharges for certain convictions
Drivers who receive a conviction for any of the following offenses that occur on or after September 1, 2003 are required to pay an annual surcharge for three years from the date of conviction.

Driving While Intoxicated (DWI), or a DWI-related offense
· First Conviction - $1,000 annual surcharge
· Second Conviction within three years of first - $1,500 annual surcharge
· Any Conviction with a BAC of 0.16 or greater - $2,000 annual surcharge

Failure to Maintain Financial Responsibility
· $250 annual surcharge

Driving While License Invalid
· $250 annual surcharge

Driving without a Valid License (i.e.; No Driver License, No Commercial Driver License, No Endorsement Violation, No Motorcycle License, Operate with License for other Class Vehicle).
· $100 annual surcharge

Points system
• Two points for a “moving violation” (defined by 37 TEX. ADMIN. CODE §15.89) conviction in Texas or that of another state. The litany of offenses for which one might accrue points can be seen here.
• Thankfully, points will not be assigned for speeding less than 10% over the posted limit or for seat belt convictions. Always wear your seat belt!
• Three points for a moving violation that resulted in a motor vehicle accident.
• Child safety seat violations will accrue two points. Always secure your child in a safety seat!!!

Points surcharges
DPS will assess a surcharge when the driver accumulates a total of six points or more on their record during a three-year period. The driver must pay a $100 surcharge for the first six points and $25 for each additional point. Points accrued remain on the driver record for a period of three years from conviction date.

Driver notification of surcharge and driver license suspension
The driver will be notified by mail to the address on record with DPS of the assessment of a surcharge on their driver license. The notice will state the surcharge must be paid within 30 days to prevent the suspension of the driver license. Failure to change your address could mean you don’t get the notice, and get arrested for Driving While License Suspended. Upon suspension of the license for failure to comply with the surcharge requirements, the license remains suspended until the person establishes an installment agreement, or pays in full all surcharges and related costs, such as service/collection fees. Individual's establishing an installment agreement will receive monthly reminders with a payment coupon indicating the amount due. If you miss an installment payment, the balance due is accelerated and you can’t get back on an installment agreement. Ironically, DPS won’t let you pay the surcharge in full (all 3 years) and be done with it. You want to give them money and they won’t accept it. Why, I can’t imagine…….that’s DPS for you. Go figure.

DWI AND COMMERCIAL DRIVER'S LICENSES (CDL)

If you hold a Commercial Driver¹s License (CDL) the laws in Texas have dramatically changed for you. In order to comply with the Federal Motor Carrier Improvement Act, Texas has amended the penalties for CDL holders who get a first or subsequent DWI, even if a non-commercial vehicle was used during the DWI.

If you are convicted of a DWI-1st offense and you have a CDL, in addition to the penalties you will receive under the DWI statute, you will also lose your CDL for a minimum of one year. The same goes for leaving the scene of an accident, using a motor vehicle in the commission of a felony, causing the death of another person through the negligent or criminal operation of a motor vehicle, driving a commercial motor vehicle while the person's commercial driver's license is revoked, suspended, or canceled, for refusing to submit to a test to determine the person's alcohol concentration or the presence in the person's body of a controlled substance or drug while operating a motor vehicle in a public place; or if an analysis of the person's blood, breath, or urine shows an alcohol concentration of 0.04 or more, or that a controlled substance or drug was present in the person's body, while operating a commercial motor vehicle in a public place; or an alcohol concentration of 0.08 or more while operating a motor vehicle, other than a commercial motor vehicle, in a public place. The suspensions are three years if the vehicle being operated by the person was transporting a hazardous material required to be placarded.

A person is disqualified from driving a commercial motor vehicle for life if the person is convicted two or more times of an offense specified above or a combination of those offenses, arising from two or more separate incidents; if the person uses a motor vehicle in the commission of a felony involving the manufacture, distribution, or dispensing of a controlled substance; or possession with intent to manufacture, distribute, or dispense a controlled substance; or for any combination of two or more of the above, arising from two or more separate incidents. If you lose your CDL for life, you may apply for it to be reinstated after 10 years.

Out of state convictions can also trigger this provision. If you are convicted of a DWI in another state, the state will report the conviction to Texas.

If a person is disqualified under this law, the disqualification may not be probated.

A person who is disqualified from operating a commercial motor vehicle may not be granted an essential need or occupational driver’s license that would authorize operation of a commercial motor vehicle.


TEXAS RESTRICTED INTERLOCK LICENSE

A restricted interlock license authorizes the person to operate a motor vehicle equipped with an ignition interlock device.

An ignition interlock device is a breath alcohol analyzer that is connected to a motor vehicle ignition. In order to start the motor vehicle engine, a driver must blow a breath sample into the analyzer that measures alcohol concentration. If the alcohol concentration exceeds the startup set point on the interlock device, the motor vehicle engine will not start.

Typically, this is a condition of bond for persons charged with subsequent DWI offenses. It is also required for those who are arrested for DWI and have an alcohol concentration greater the 0.15. It is also required of those who are convicted of subsequent DWI offenses, and minors who are placed on probation for DWI.

On receipt of notice from the court that a person has been restricted to the use of a motor vehicle equipped with an ignition interlock device, the Texas Department of Public Safety (DPS) shall send notice that the driver license expires on the 30th day after the date of the notice.

On application by the person and payment of the required fee, the Texas Department of Public Safety (DPS) shall issue a special restricted license that authorizes the person to operate a motor vehicle equipped with an ignition interlock device. A restricted license will not be issued if the driver license is expired or suspended or if the individual has not paid the required reinstatement fees.

The interlock is required until the Texas Department of Public Safety (DPS) receives a court order removing the restriction.

 

 


The Law Office of Brian Baker
Phone (512) 392 - 2300
San Marcos Texas