By DFW Criminal Defense Lawyer Jeremy Rosenthal
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.