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.

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When a Deep Lung Device is Required by Texas Law

March 7, 2011

By Dallas and Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 562-7549

texasdefensefirm.com

Deep lung devices (also called ignition interlock devices) are devices installed on a cars ignition which requires a clean breath specimen in order for the car to start.  Once the car is going, it randomly requires clean samples to continue.

I’m not sure exactly why, but deep lung devices are far more popular amongst judges today than they were even five years ago.  Part of the reason is because the law now requires these to be ordered on cars — but even so, it seems as though many judges are ordering them when it’s discretionary (meaning the the law leaves the decision to the judge as to whether to order it or not).

There are several times during a DWI case that a judge might have the opportunity to order the deep lung device to be ordered on a car.  First is upon arrest.  Tex.R.Crim.P. 17.441 requires a magistrate to make the determination upon initial arraignment as to whether an interlock device is required.  Although they are only legally required when a person is arrested for a subsequent DWI, the law allows the judge to order the device on the car anyway.  Often if there is an accident or if there is a high breath test score (which the judge knows about), then that often serves as their rationale for ordering the device on the car.

A second opportunity for the Court to order deep lung device on a car is during sentencing.  This is where the accused has either plead guilty or been found guilty after a trial.  A device is required for 1/2 of the probationary period in a 1st DWI conviction if the driver’s blood/alcohol level is in excess of 0.15 or if it is a subsequent DWI conviction.  Just the same as with the magistrate judge above, the judge controls the terms and conditions of probation — so even if there isn’t a breath test result above 0.15 or a subsequent conviction — the judge can order the device none-the-less.

A third time the Court would have the opportunity to order a deep lung breath analysis instrument is as a term of an occupational license.  An occupational license is a Court -ordered license which allows an individual to drive while their driver’s license is suspended.  Many judges will order the device as a condition of the occupational.

The Court can re-visit the deep lung device decision made by the magistrate during the case — if it was ordered in an instance that was discretionary.

The deep lung breathalyzer, while expensive, inconvenient and embarrassing can be used to your advantage during DWI proceedings.  With the device, there is a clear record of your history of compliance with the Court’s order.  If you have a device ordered on your car from the outset of your case — by the time the judge consider’s your sentence, you have objective and indisputable proof that you have been compliant with the court’s orders and are worthy of leniency.

*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 about any situation you should contact an attorney directly.

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Posted by Jeremy Rosenthal, Esq.

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.

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Posted by Jeremy Rosenthal, Esq.