When an Interlock Ignition Device is Required for a DWI – and When it Comes Off

January 10, 2021

By DFW Criminal Defense Lawyer Jeremy Rosenthal

(972) 369-0577

www.texasdefensefirm.com

The blow devices to start your car (also known as “deep lung devices,” “DLDs,” or “Interlock Ignition Devices”) have been one of the most major developments in DWI cases over the last 15 years.

The Texas Legislature and courts have been increasingly requiring them in impaired driving cases.  In some circumstances they can be ordered to be placed on your car immediately after an arrest and can remain on the vehicle even after a person finishes probation years later.  The legislature has even incentivized folks to get interlock devices by offering benefits such as non-disclosure eligibility if someone voluntarily keeps one on their car during probation when they otherwise wouldn’t be required to keep one.

Possible Times when a DLD Can Be Ordered By A Judge

 

As you can see, the case has many times where the interlock can be ordered onto the car by the Judge.  Many of these time periods can and do run consecutively and over-lap meaning the interlock may simply stay on from the point a person gets it onto their car until the case is finished.

Ignition interlock providers claim it can only be removed by court order and have this provision in their service contracts… so they typically won’t even remove the device unless or until they see a court order.

What if You Don’t Drive Anymore or Can’t Have the Interlock for Some Other Reason?

Most judges will allow you to substitute a hand-held device for an interlock device though I’ve not found any support in the code for this.  If you have questions or need an alternative or to substitute the interlock device then speak with your lawyer.

*Jeremy Rosenthal is certified in criminal law by the Texas Board of Legal Specialization.  He is recognized as a Texas Super Lawyer by Thomson Reuters.


DWI Arrest — Bond Terms and Conditions

April 18, 2010

The vast majority of people arrested for misdemeanor DWI offenses are released on bond.  They are free from jail but must appear for court settings during the pendency of the charges against them.  While “on bond,” the legislature has required that certain conditions be met.  The main condition which affects some DWI arrests is the ordering of an interlock ignition device (or deep lung device) on the defendant’s car.  This means the device can be placed on someone’s car before they’ve had a trial or had their first main court setting.

Texas Code of Criminal Procedure 17.441 holds that the judge shall, as a matter of law, order a deep lung device be placed on the vehicle of the defendant if the arrest in question was for a subsequent DWI, intoxication assault, or intoxication manslaughter.  The judge may not order the interlock devices in those circumstances as well if they make a finding that ordering the device is not “in the best interest of justice.”

Although, 17.441 is the only provision of the Code of Criminal Procedure which directly addresses deep lung devices, judges and magistrates have broad discretion to make “reasonable” conditions of bond for “community safety” under Tex.Code.Crim.P. 17.40.  Some magistrates take this as carte blanche to slap deep lung devices on first DWI offenders in random situations.

If a magistrate has unreasonably placed an interlock device on the driver’s car after a DWI arrest, that decision can often be amended or changed by the trial judge at a later point while the accused is on bond pending charges.

Jeremy F. Rosenthal, Esq.

(972) 562-7549

*Jeremy Rosenthal is Board Certified in Criminal Law by the Texas Board of Legal Specialization and licensed by the Supreme Court of Texas. Nothing in this article is intended to be legal advice.  For legal advice, you should consult an attorney.