November 27, 2012
If you have lost your driving privileges related to a Driving While Intoxicated (DWI) charge, you may be required to install and maintain an ignition interlock device on any vehicle you operate, with an exception. An ignition interlock device is a breath analysis device installed into a vehicle which prevents the vehicle from starting if it detects a specific amount of alcohol. The user must breathe into the device apparatus for the device to register a sample and make the analysis. If too much alcohol is detected, the vehicle will not start and the recording of the measurement will be made on the device’s hard drive.
The Texas Transportation Code regulates the issuance of an occupational drivers license under Section 521. For purposes of ignition interlock devices, section 521.246 specifies the rules and exceptions regarding the condition. The law provides that a judge MAY require an ignition interlock device to be installed in any vehicle the occupational drivers license holder uses if he/she has a license suspension due to an alcohol related criminal conviction. The judge SHALL require the same if the person has two or more similar convictions within 10 years of the current suspension.
The exception to this rule is that a person may operate a motor vehicle without an ignition interlock if:
(1) the person is required to operate a motor vehicle in the course and scope of the person’s employment;
(2) the vehicle is owned by the person’s employer;
(3) the employer is not owned or controlled by the person whose driving privilege is restricted;
(4) the employer is notified of the driving privilege restriction; and
(5) proof of that notification is with the vehicle.
Additionally, the user must obtain and pay for the expenses related to the installation and maintenance of the ignition interlock device unless the court determines that it would not be in the interest of justice to do so. In that case, the court can arrange a payment plan for the user. Furthermore, the device must remain installed for at least half the probation period of the occupational license.
Still confused? Don’t worry , most people were not even aware of these conditions as are some attorneys. We have dealt with these conditions in the past and can review your specific situation for free. Call today for a free phone consultation.