The Beltz Law Firm

214-321-4105

www.http://dallas-occupational-license-lawyer.com

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Rumor has it that if your license has been suspended because of a DWI, you will be required to install and use a ignition interlock device on any vehicle that you operate as part of an occupational license order. Let’s put that rumor to bed!

Texas Transportation Code

Sec. 521.246.  IGNITION INTERLOCK DEVICE REQUIREMENT.  (a)  If the person's license has been 

suspended after a conviction under Section 49.04, 49.07, or 49.08, Penal Code, the judge, 

before signing an order, shall determine from the criminal history record information maintained 

by the department whether the person has any previous conviction under those laws.

(b)  As part of the order the judge may restrict the person to the operation of a motor vehicle

equipped with an ignition interlock device if the judge determines that the person's license has 

been suspended following a conviction under Section 49.04, 49.07, or 49.08, Penal Code.  As part 

of the order, the judge shall restrict the person to the operation of a motor vehicle equipped 

with an ignition interlock device if the judge determines that:

(1)  the person has two or more convictions under any combination of Section 49.04, 49.07, or 

49.08, Penal Code;  or (2)  the person's license has been suspended after a conviction under 

Section 49.04, Penal Code, for which the person has been punished under Section 49.09, Penal Code.

Dallas Occupational License Attorney

So, the short answer is that an ignition interlock is required if the judge, based on a criminal history record, determines that (1) the person has committed 2 or more convictions under any combination of driving while intoxicated, intoxication assault, or intoxication manslaughter; or (2) the person’s license has been suspended for a conviction for a second or subsequent DWI offense.

The judge, at his discretion, may order an ignition interlock as part of an occupational license order if the person’s license has been suspended only once for a conviction for DWI, intoxication assault, or intoxication manslaughter.

Notice where the judge is required to order the ignition interlock and where the judge has discretion is based on the person’s criminal history involving intoxication offenses.

If you would like a free evaluation of your particular situation and whether you will be required to have an ignition interlock, Feel free to contact us.