Have you been investigated for, charged with, or found guilty of drunk driving in TX? As a consequence, you may have been ordered to install an ignition interlock device (IID) in your vehicle. This can be the result of either an administrative hearing or criminal conviction related to a drunk driving incident. IIDs can be useful in one way: they are often required when you want to drive but your license has been suspended. They can also cause you problems. These devices are hard to operate and can produce faulty results that can get you into more trouble.
At Jessica McDonald and Associates, our DWI/DUI defense lawyer will inform you of your rights and help you understand your responsibilities while you fight DWI/DUI or DWI/DUI-related charges. This is especially true if you are required to install an IID to your vehicle. Contact us at 903-458-9108 to schedule a Consultation and learn more about your legal options.
What is an Ignition Interlock Device (IID)?
An ignition interlock device (IID) is a small device installed in a vehicle to measure the amount of alcohol in a person's breath. A driver must breathe into the device before driving, and if the IID registers the presence of alcohol over the legal limit, the car will not start. If the IID registers alcohol under the legal limit, the car can be started but with one caveat: a recorded warning is issued.
Everything the device records is reported to either the court or your state's department for motor vehicles (e.g., Department of Motor Vehicles or Division of Motor Vehicles) – it depends on who ordered the IID device or manages the IID program. Generally, the reports go directly to your bond supervision officer or probation officer.
What Information is Recorded and Reported?
For your own information, it is good to know what information is or can be recorded and reported. Typically, reported information is pursuant to each IID program but may include any of the following:
- Date and time of each startup or rolling test
- Location of the vehicle at the time of each test, if equipped with a GPS
- A photo of you at the time of each test, if equipped with a camera
- Pass or fail results
- BAC reading for each test
- Number of lockouts, if any
- Indication someone else tried to take the breath test
- Any tampering with or removal of the IID
- Missed service visits
When are Results Reported?
Results are reported at different times – again, depending on the specific state and the IID program. Generally, results are reported in real-time or at every service visit.
Why Are Ignition Interlock Devices Required in TX ?
Every jurisdiction has its own rules regarding the installation of ignition interlock devices, but typically IIDs are ordered in any of the following circumstances:
- You were investigated for DWI/DUI offenses and refused a breath or blood test.
- Your driver's license was suspended, but you were granted a restricted or occupational driver license with the installation of an IID as a condition, allowing you to drive back and forth to work, school, doctor appointments, or another court-approved location.
- You were convicted of drunk driving, and installation of an IID was part of the sentence.
- As part of probation conditions.
- As part of bond conditions before conviction.
Three Problems Associated with IIDs in TX
IIDs are flawed devices. Many complaints exist but here are the top three problems.
- False Positives. False positives are a reality with IIDs. Common household products (like mouthwash, hand sanitizer, and cough syrup) and foods (like energy drinks, pickles, and fruits) have been known to cause a false positive.
- User Error. Like IIDs, people are flawed too. Some IIDs require drivers to hum while they blow into the device. This can be difficult for some people, causing the device to record a violation that does not exist.
- Multiple Drivers. Many people share vehicles with their spouses and other family members, and there is no way to shut down an IID when the vehicle is being used by someone other than the person it is intended to monitor.
These problems are not insignificant. When an issue arises, it can create more legal worries with the criminal court. The state can also revoke the restricted license, meaning you can no longer drive your vehicle to/from work, school, etc.
While all these problems can cause frustration and affect your ability to drive, ignition interlock devices can also be dangerous.
Dangers of Ignition Interlock Devices
What many people fail to realize is that IIDs not only test blood alcohol levels before allowing the car to start but also while the vehicle is in motion. This is known as “rolling testing” and is a common reason for IID criticism. Your vehicle will not shut down while driving if you test positive or fail the test.
Drivers are randomly prompted to provide a breath sample while driving. The purpose is to confirm that an unlawful amount of alcohol is not present in their system while operating the vehicle. To submit a breath sample while driving, however, is a big distraction and takes your eyes off the road. The latter creates dangerous situations and leads to accidents.
The only way to stay safe, keep your driver's license, and avoid a criminal record is through a smart DWI/DUI defense strategy. There are no guarantees that you will keep your license and avoid a criminal conviction, but retaining a criminal defense lawyer improves your outcome.
Installation of Deep Lung Device
Several local companies will install your deep lung device, just searching your area will give results. You should set an appointment to have it installed, and it will take a few hours. An order from the court must be provided, either you send it to the company or your bond/probation officer will. After installation, you will need to go every month to get your device "calibrated" which means you pay a monthly fee and the provider will run a report that is sent to your bond/probation officer. It will tell the officer of any failed tests (blowing in the device with a record of alcohol testing positive). It is possible to have false positives if you eat or drink certain foods. It is recommended to avoid food or drink before you know you will use your deep lung device.
Removal of Deep Lung Device
To get your deep lung device (IID) removed, you must have a signed court order from the judge granting the removal. When the time to remove it arrives, the county court has a form on their website to fill out. Sometimes, the judge will sign the order without a hearing, but not every time. Submit the court order to the provider and schedule the removal. They will not remove the deep lung device without a signed court order.
What if I Need to Sell My Vehicle that has a Deep Lung Device?
This is common, it will cost money though. You need to schedule having the device removed and installed on your new vehicle.
Contact a DWI/DUI Defense Lawyer in TX Today
If you have been charged with a drunk driving offense, it is in your best interest to seek counsel from a defense attorney experienced with DWI/DUI cases in Bonham. Contact Jessica McDonald and Associates by either using our online form or calling us at 9034589108 for a Consultation.