Breathalyzer Interlock Device for Probation?
Ignition Interlock Device Requirements for DWI Bond in Tarrant County
If you have been arrested for a DWI in Forth Worth, Arlington, Mansfield or in the surrounding cities of Tarrant County, you may be required to install and use an Ignition Interlock Device as a condition of your bond. Under the Texas Code of Criminal Procedure Article 17.441, your trial judge will be required to order you to install and use an Ignition Interlock Device as a condition of your bond if you have been charged with a second DWI or felony DWI. Texas laws regarding these blood alcohol testing devices varies dramatically; judges can decide whether you have to install an Ignition Interlock in some cases and in others the law requires it.
When Can a Judge Order an Ignition Interlock Device Installation for DWI Bond or Probation?
If you have been convicted for any of the following cases in the courts of Tarrant County, Texas and have received community supervision (probation), the judge MAY, but it is not required to order that an ignition interlock device be installed and used your vehicle as a condition of your probation or community supervision:
- DWI (first)
- DWI 2nd
- 3rd DWI
- Felony DWI
- DWI with child passenger
- Flying While Intoxicated
- Boating While Intoxicated
- Assembling or operating amusement ride while intoxicated
- Intoxication Assault
- Intoxication Manslaughter
A Texas judge MAY also require that an ignition interlock device be installed and used on your motor vehicle if you seek an occupational license and your license has been suspended as a result of a conviction for a DWI, Intoxication Assault or an Intoxication Manslaughter. In Texas, judges are given a great deal of discretion when it comes to ignition interlock systems to prevent repeat or habitual DWI offenders from driving drunk again. However, in some situations Texas law makes ignition interlock systems mandatory.
When is an Ignition Interlock System Mandatory in Texas for DWI?
There are certain circumstances in which a judge MUST order that an ignition interlock device be installed and used on a motor vehicle as a condition of community supervision. If you have been convicted and received community supervision for a DWI, Flying While Intoxicated or Boating While Intoxicated (BWI) and your blood alcohol content (BAC) was greater than .15, the judge must order that an ignition interlock device be installed and used on your motor vehicle as a condition of your probation.
A judge must also order that an ignition interlock device be installed and used on a motor vehicle as a condition of community supervision if your license has been suspended as a result of a conviction for a 2nd DWI, felony DWI, Intoxication Assault or Intoxication Manslaughter. In these cases there is no getting around the installation of a breathalyzer device in your car according to Texas laws.
Schedule a Free Consultation For Your DWI Probation Case
Call The Hampton Law Firm now to schedule an appointment with the Tarrant County DWI trial team and receive a free evaluation regarding your case and any bond conditions that may have been assessed. Our team of defense attorneys has tried over 100 DWI jury trials. When your future is on the line, experience matters. Give us a call at 817-435-2909.