Texas courts may require the installation of an ignition interlock device (IID) in cases of first-time offenders under Texas driving while intoxicated (DWI) laws. The courts are required to order the installation of an IID in cases of two or more convictions for any combination of DWI, intoxication assault and intoxication manslaughter. An IID may also be ordered by the courts or an offender’s probation officer as a condition of probation for individuals convicted of alcohol-related offenses. Offenders must obtain IIDs from providers that are certified by the State of Texas.
The driver of the vehicle must submit a breath sample to the device before starting the vehicle. If the device measures a breath alcohol content that is higher than the preset limit, the vehicle will not start. While the offender is operating the vehicle, the device will alert the offender to submit a random breath sample.
Individuals who refuse or fail a blood or breath test following a DWI arrest in Texas are subject to a license suspension for a period of no less than 90 days and no more than two years. First-time offenders who are over the age of 21 at the time of the arrest may have their driver licenses suspended for up to two years. Any offenders who is under the age of 21 at the time of the arrest will have driving privileges suspended for a period of one year and must complete an authorized alcohol education program before the license will be reinstated. Offenders who have commercial driver licenses will receive an automatic one year disqualification if they refuse or fail a breath test.
The courts notify the Texas Department of Public Safety (DPS) of the offender’s driving restriction and the requirement to operate IID-equipped vehicles. If the offender does not install the IID and obtain a restricted interlock license within 30 days of receiving the DPS notice, the offender’s driving privileges will be canceled. The cancellation may be lifted by court order.
A restricted interlock license allows the offender to operate a vehicle that is equipped with an IID. A restricted interlock license will not be issued by DPS if the offender’s driver license is expired, suspended or if the offender does not pay the required reinstatement fee. Offenders must pay the fees associated with the restricted interlock license and all required reinstatement fees.
Offenders must install IIDs on any and all vehicles that they operate. The court may allow an exemption for some offenders if the offender is required to operate a vehicle in the course and scope of employment, the vehicle is owned by the offender’s employer and the employer is not owned or controlled by the offender. The employer must be notified of the offender’s driving restriction and proof of the notification must remain in the employer-owned vehicle at all times.
Offenders must obtain the IIDs at their own expense. If the court determines that the offender is unable to pay for the device, the court may impose a reasonable payment schedule for a period of time that does not exceed twice the period of the court’s order for the device.
Offenders are responsible for any and all costs associated with the ignition interlock device including installation, monthly servicing, monthly monitoring, calibration, repairs and removal.
Additional Resources For Ignition Interlock Texas Laws
Texas Alcohol Related Offenses
Texas Ignition Interlock Devices
Intoxication And Alcoholic Beverage Offenses
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