When an Interlock is not required to operate a motor vehicle

The Beltz Law Firm

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Occupational Driver's License In Dallas

Occupational Driver’s License In Dallas

A condition of some occupational licenses is that an interlock must be installed on any vehicle the driver operates. This condition is usually in effect when the person has been convicted of an alcohol related offense such as DWI or Intoxication Assault or Intoxication Manslaughter.

 

There is, however, an exception to this rule as outlined in the Texas Transportation Code:

 

(e)  A person to whom this section applies may operate a motor vehicle without the installation of an approved ignition interlock device 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.

 

Traffic Ticket Lawyer In Dallas

Traffic Ticket Lawyer In Dallas

This exception is NOT for the operation of commercial vehicles.  However, it is a relief for drivers who hold positions such as pizza delivery drivers who operate company cars as part of their job duties. It is not a substitute for operating a vehicle to perform essential household duties, such as going to the grocery store, because the exception is limited to the operation of the vehicle during the course and scope of the person’s employment.