Do I Have to Install an Ignition Interlock Device After a DWI?

Ignition Interlock Devices make life both easier and harder for DWI defendants.

If you fail or refuse a chemical test, then you must install an IID in your vehicle when you get a DWI, at least in most cases.

Before 2015, DWI defendants who failed or refused chemical tests could drive with occupational licenses. But this process was very cumbersome and, as a result, many defendants simply kept driving although their licenses were suspended. To better protect people without unduly punishing defendants, a 2015 law gave DWI defendants with a suspended driver’s license unlimited driving privileges if they had IID installed in their vehicles.

As outlined below, an IID is basically a portable Breathalyzer which is attached to, and controls, the vehicle’s ignition mechanism.

The IID process is not as cumbersome as the occupational license process, but it is not automatic either. A Ft. Worth criminal defense lawyer has professional connections with mechanics and other key IID providers. These connections streamline this difficult process. Furthermore, an early partnership with a Ft. Worth criminal defense lawyer enables an attorney to fully prepare all possible defenses.

Nuts and Bolts of an IID

This portable Breathalyzer (colloquially known as a “blow-and-go”) blocks the vehicle’s ignition if the driver provides a chemical sample above a preset level, usually .04.

Moreover, drivers must periodically give rolling samples while the vehicle is moving. Of course, it’s not always possible to immediately pull over and provide a sample. So, the IID allows a certain number of rolling refusals in each trip, usually three. The vehicle will not restart if the driver exceeds the allowed number of rolling refusals or provides a rolling failure.

IID fraud, such as tampering with the device or getting someone else to provide a chemical sample, usually causes ignition shutdown as well.

The pretrial IID requirement raises some legal issues. These drivers have not been convicted of a crime yet they must install an embarrassing device in their vehicles and maintain BACs well below the legal limit, which is usually .08. These issues remain unsettled.

IID Installation and Monitoring

Defendants are responsible for all IID installation, monitoring, maintenance, and disconnection fees until the license suspension period or DWI probation ends.

Driver’s licenses do not automatically become valid when a 90-day, 180-day, or other suspension period expires. These drivers must submit paperwork and pay reinstatement fees before the DPS reactivates their licenses.

An IID is also a very common condition of probation, especially in Tarrant County. In most cases, the IID requirement extends through the entire period of probation. Pragmatically, after two or three incident-free months, a Ft. Worth criminal defense lawyer can often convince a judge to drop this condition.

Installation, maintenance (usually re-activating the ignition), and disconnection fees vary, but they usually exceed $200 a pop. Monitoring fees vary significantly as well, but they usually hover around $50 per month.

Count on a Detail-Oriented Tarrant County Attorney

A pretrial or post-trial IID requirement is almost inevitable in DWI cases. For a confidential consultation with an experienced criminal defense lawyer in Ft. Worth, contact the Law Office of Kyle Whitaker by calling 817-332-7703 or going online now. Convenient payment plans are available.