Can I Be Forced to Install a Breathalyzer in My Car after a Texas DWI?

 Posted on September 18, 2024 in Criminal Defense

According to official Texas statistics, 1,090 people died last year in car crashes where the driver was under the influence of alcohol. Those fatalities made up a quarter of all motor-related deaths in the state in 2023. Local authorities are trying to crack down, resulting in serious consequences for DWI (driving while intoxicated) charges. A DWI conviction can result in a prison sentence, in addition to getting your driver’s license suspended and being given heavy fines. Depending on the details of your case, the judge can even order you to install an ignition interlock device (IID) in your car. If you are facing DWI charges, speak with a Marble Falls, TX criminal defense lawyer who can help you navigate the next steps.

How Does an IID Work?

An ignition interlock device (IID) is a small breathalyzer device that you might be required by law to install in your car. Its main function is to measure your blood alcohol concentration (BAC) to determine whether you have too much alcohol in your system to allow you to drive.

It has a nozzle for you to blow into whenever you want to start your car. This tells you what your BAC is at that time. If it is under 0.08 percent - the legal limit - your car will start and you can drive wherever you want. Throughout your drive, you need to submit to "random rolling retests," where you are prompted to blow into the nozzle again.

However, if your BAC is over the legal limit, things become more serious. The first time you fail, your car simply will not start. You need to wait fifteen minutes until you can try again. Any failed attempts that follow will result in a longer wait time. The IID also records the results whenever your BAC is above 0.08 percent and sends them to the Texas Department of Transportation.

If you fail to blow over the legal limit three different times, you will need to get your car serviced within a week, or else it is shut down indefinitely by the IID.

If you think tampering with your IID is a way around this, you are seriously mistaken. If it detects tampering, the IID will automatically activate your blinkers and horn. The attempt will also be recorded and you will need to take your car to be serviced.

Who Can Be Forced to Install an IID?

There are two situations when Texas law requires an IID:

• If your BAC was at least .15 percent, you might need to have it installed for between 90 days and a year.

• If you have more than one DWI conviction from the past five years, you might need to have it installed for 180 days to two years.

Contact a Llano County, TX DWI Attorney

If you are facing a DWI conviction, make sure you have someone on your side with the experience necessary to advocate for your rights. A seasoned Llano, TX criminal defense lawyer who has helped clients in similar situations can guide you through the process and fight aggressively to get you the best outcome. Call Law Office of Russ Alan Baker, PLLC at 325-216-2006 to schedule a consultation.