Is an Ignition Interlock Device Required After a Texas DWI?

 Posted on October 26, 2022 in Drunk Driving / DUI

If you have been arrested for drunk driving in Texas, you may be wondering about how your driver's license will be affected and whether you will face any restrictions on your ability to drive, as well as any other consequences. In some cases, you may be required to use an ignition interlock device (IID) in your vehicle. By understanding the issues that you may need to address following a DWI arrest, you can take steps to defend against criminal charges, protect your driving privileges, and determine how to minimize any disruptions to your life.

DWI License Suspensions in Texas

An ignition interlock device is a breathalyzer device that is installed in your vehicle. This device will require you to provide a breath sample before driving. If the device detects alcohol on your breath, the vehicle will not start. IIDs are monitored by the Texas Department of Public Safety, and you may be required to provide periodic breath samples while driving. If the IID detects alcohol, the device will log the event, and you may face penalties.

An IID will be required if your driver's license is suspended following a DWI conviction. For a first-time DWI, a license suspension of up to two years may be imposed. During this period of suspension, you can apply for a restricted driver's license that will allow you to drive with an IID. A restricted driver's license will usually also be available if your license was suspended for other reasons, such as the automatic license suspension that applies if you fail a blood alcohol test after being arrested for DWI or refused to submit to chemical testing.

If you receive notice that your license is being suspended, you will have 30 days to apply for a restricted license. On the 30th day after the notice is issued, your license will expire, and you will be unable to legally drive unless you obtain a restricted license. When you receive a restricted license, you will be required to install an IID in your vehicle(s) at your own expense. You will be required to use an IID on any vehicles you drive during your period of license suspension. The only exception to this requirement is when you are required to drive during the course of your employment, and the vehicle is owned by your employer.

If you drive without an IID when one is required, you may be charged with a Class B misdemeanor, and you could be fined up to $2,000 and imprisoned for up to 180 days. In these situations, your restricted driver's license will be revoked, and you will be required to serve out the remainder of your license suspension.

Contact Our Denton County DWI Defense Attorneys

If you have been arrested for drunk driving in Texas, you may face a driver's license suspension, even if you are not convicted of a criminal offense. To ensure that you will be able to continue driving, the attorneys of Magaña & Van Dyke can help you make sure you meet the requirements to receive a restricted license and use an IID. We can also help you defend against DWI charges, and we will work with you to minimize the potential consequences you may face following your arrest. Contact our Cooke County DWI defense lawyers at 940-382-1976 to set up your free consultation.

Sources:

https://statutes.capitol.texas.gov/Docs/TN/htm/TN.521.htm

https://www.dps.texas.gov/section/driver-license/ignition-interlock-devices