Driving under the influence of alcohol in Texas can lead to serious consequences. One of the most common penalties for individuals convicted of a DWI (Driving While Intoxicated) is the requirement to install an Ignition Interlock Device, or IID, in their vehicle. This device is designed to prevent a driver from operating their car if they have been drinking. It requires the driver to blow into it, and if alcohol is detected, the car will not start. The device has been proven to help reduce repeat offenses and promote safer driving. In this page, we will explore the requirements for installing an IID in Texas, the associated costs, and how this affects drivers. At, Wilder Law Firm , we are here to guide you through the legal process and help you navigate the complexities of your case.
When is an Ignition Interlock Device Required?
In Texas, not everyone convicted of a DWI will automatically be required to install an Ignition Interlock Device. However, certain situations make the installation of the device mandatory. If someone is a first-time offender with a blood alcohol concentration (BAC) of 0.15 percent or higher, they will likely be required to install an IID. Repeat DWI offenders are also more likely to face this requirement. The court may decide that a driver with multiple DWI convictions needs an IID to continue driving.
There are cases where an IID is required to avoid a driver’s license suspension. A person may be offered the option to continue driving with an IID installed rather than losing their driving privileges entirely. Additionally, if someone has a DWI conviction that involves serious injury or death, they may be ordered to have the device installed as part of their punishment.
How Does an Ignition Interlock Device Work?
An Ignition Interlock Device is installed in the driver’s vehicle, and it is directly connected to the car’s ignition system. Before the car starts, the driver must blow into the device to provide a breath sample. The IID measures the amount of alcohol in the driver’s breath. If the driver’s BAC is above a certain level, which is usually set at 0.03 percent, the device will prevent the car from starting.
The driver must also provide breath samples while driving. This is known as a rolling retest. At random times during the trip, the IID will alert the driver to blow into the device again. If alcohol is detected during one of these retests, the device may set off an alarm, and the violation will be reported to the monitoring authorities. These measures are designed to ensure that the driver is sober not only at the beginning of the trip but throughout the time they are operating the vehicle.
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The Legal Process for Requiring an IID
After a DWI conviction, the court determines whether the driver will be required to install an Ignition Interlock Device. This decision is based on the driver’s criminal record, the details of the offense, and whether the driver is a repeat offender. If the court mandates an IID, the driver must have it installed before they can continue driving.
Drivers who are eligible for an Occupational Driver’s License may also be required to have an IID installed as part of the process of getting this limited license. An Occupational Driver’s License allows individuals to drive to specific places, like work, school, or medical appointments, even if their license has been suspended. The presence of an IID is often a condition for granting this license in Texas.
Costs of Installing and Maintaining an IID
Installing an Ignition Interlock Device is not free, and drivers are responsible for covering the costs. The price of an IID can vary depending on the provider, but drivers can expect to pay for installation, monthly monitoring, and any maintenance fees. On average, installation costs range between $70 to $150. Once the device is installed, drivers are required to pay monthly fees for monitoring the device. These fees typically range from $60 to $100 per month.
In addition to these costs, there may be other fees associated with the IID. For example, if the driver fails a test or tampers with the device, there may be penalties or extra charges. Drivers are also responsible for taking their vehicle to an authorized service center regularly to ensure the device is functioning correctly. The device must be serviced and calibrated on a regular basis, and drivers may be charged additional fees for these services.
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What Happens if You Violate IID Requirements?
If a driver fails to comply with the rules of their Ignition Interlock Device, there can be serious consequences. Violations can include attempting to start the car after drinking, tampering with the device, or failing to bring the vehicle in for required maintenance and calibration. If a driver fails a test or doesn’t provide a breath sample when prompted by the rolling retest, the IID will record the violation.
Repeated violations may result in a driver’s license suspension or revocation of the Occupational Driver’s License. In some cases, the driver may be required to use the device for a longer period. Violations are reported to the monitoring agency, and the court will be notified. This can lead to additional penalties, fines, or an extension of the IID requirement.
It’s important to take the IID requirements seriously and follow all the rules. Drivers should avoid drinking any alcohol if they are required to use an IID. Even small amounts of alcohol can trigger the device and prevent the vehicle from starting. Drivers should also ensure they bring their vehicle in for regular servicing to avoid any issues with the device.
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How Long Must the IID Be Used?
The length of time a driver must use an Ignition Interlock Device depends on the severity of the offense and whether the driver is a repeat offender. For a first-time DWI conviction with a high BAC or other aggravating factors, the IID requirement may last for several months to one year. However, for repeat offenders, the court may require the IID to be used for several years.
In some cases, drivers may be eligible to have the IID removed early if they demonstrate good behavior and follow the rules of the device without any violations. On the other hand, if the driver violates the rules, the court may extend the length of time the device must be used.
It is important to note that the court will provide instructions on when the IID can be removed. The device must be removed by an authorized service provider, and the driver should ensure that all requirements are met before requesting its removal.
Driving With an Ignition Interlock Device
For those required to have an Ignition Interlock Device, it may feel like a hassle at first. However, the IID allows drivers to maintain some level of freedom and mobility while they work through the consequences of a DWI conviction. It is a better alternative than having a suspended license with no ability to drive at all.
While the device is intended to protect the public by ensuring that convicted DWI offenders do not drive while intoxicated, it also provides drivers with an opportunity to continue their daily activities. Whether driving to work, school, or medical appointments, the IID makes it possible for drivers to keep some normalcy in their lives.
However, the responsibilities that come with the device should not be taken lightly. Drivers should always ensure they are sober before attempting to drive. It is important to follow the rules, bring the vehicle in for regular maintenance, and avoid any violations that could lead to further consequences.
Understanding the Impact of an IID on Insurance and Driving Records
Having an Ignition Interlock Device installed in your vehicle may also have an impact on your car insurance rates and driving record. Drivers convicted of a DWI often see a rise in their insurance premiums. While the IID itself does not directly affect insurance rates, a DWI conviction that led to the IID requirement will likely result in higher insurance costs.
Additionally, having an IID installed is noted on the driver’s record. However, if the driver complies with all the requirements and avoids any violations, they can work towards restoring their driving privileges once the IID requirement is lifted. Over time, as the driver demonstrates responsible driving behavior, their insurance rates may eventually decrease.
The process of dealing with a DWI conviction and the requirement to install an Ignition Interlock Device can be overwhelming. If you are facing this situation in Texas, it is important to have someone on your side who understands the legal system and can guide you through every step. The Wilder Law Firm is here to provide the support you need during this difficult time. Our team can help you navigate the requirements, understand the costs, and make sure you are following all the rules. Contact the Wilder Law Firm today to learn how we can assist you with your case and help you move forward.