A DWI charge in San Antonio often comes with the requirement of an Ignition Interlock Device (IID). While these devices serve a vital purpose in preventing drunk driving, many DWI offenders wonder if there is a way to have them removed earlier than the mandated period. In this informative blog post, a San Antonio DWI defense attorney at Stephen T Bowling, explores the complexities of IID laws in Texas and sheds light on the possibility of having an IID removed early in San Antonio.
What is the Law on Ignition Interlock Devices in Texas?
Ignition interlock devices, or IIDs, are devices that require a driver to provide a breath sample before starting their vehicle. If the sample registers a blood alcohol concentration (BAC) above the set limit, the vehicle will not start.
Texas Transportation Code, 521.246 mandates the use of IIDs for certain individuals convicted of DWI offenses in Texas who have had their license suspended. These devices act as a safeguard, requiring the driver to pass a breathalyzer test before starting the vehicle.
While the specifics may vary, generally, a court may order the installation of an IID for the following DWI offenders:
- First-time DWI offenders with a BAC of 0.15% or more.
- Repeat DWI offenders.
- Individuals convicted of DWI with a child passenger.
- First-time DWI offenders under the age of 21
- DWI offenders who caused an accident resulting in serious bodily injury or death.
IIDs are mandated in these circumstances as a means to promote road safety and reduce the likelihood of repeat offenses, while at the same time striking a balance between providing DWI offenders a second chance and ensuring public safety.
How Long Do You Have to Have an Ignition Interlock Device in Texas?
The duration of IID installation varies based on the offense and circumstances. For instance, first-time DWI offenders are typically required to have an IID for a period of six months to a year. Repeat offenders might be mandated to have it for a longer period, potentially up to two years. To understand what type of suspension you may be facing in your case, you need to consult with an experienced San Antonio criminal defense lawyer.
Is Driving Without an Ignition Interlock Device a Felony in Texas?
Driving without a court-mandated IID when required is a serious offense in Texas. While it might not always result in a felony charge, it can lead to severe consequences, including an extension of your license suspension, fines, and potential imprisonment. It is, therefore, imperative to comply with an IID order to avoid exacerbating your legal situation.
What Qualifies as an Ignition Interlock Violation in San Antonio, TX?
Any failure to comply with a court-mandated IID order can qualify as a IID violation in San Antonio. Common violations include:
- Failing a breath test.
- Tampering with or attempting to bypass the device.
- Missing scheduled service appointments for calibration.
- Driving a vehicle without an IID when required.
Such violations can lead to an extension of IID usage, fines, or even jail time, emphasizing the significance of strict adherence to the rules.
What to Do after an Interlock Device Violation
If you have been notified of an IID violation in San Antonio, it is crucial to address the violation promptly to mitigate potential consequences and prevent further legal complications. Consulting an experienced DWI Defense Attorney in San Antonio is crucial. An experienced attorney can assess the circumstances of the violation, strategize your defense, and advocate for your rights.
Early Removal of an IID in San Antonio
While the law outlines specific IID periods, early removal may be possible in some cases. Factors that could influence early removal include:
- Compliance: Demonstrating consistent compliance with IID requirements can be a strong argument for early removal.
- Clean record: Having a clean driving record and demonstrating responsible behavior can contribute to your case for early removal.
- Legal assistance: Enlisting the expertise of a skilled DWI attorney is essential. They can advocate on your behalf and present a compelling case for early removal based on your circumstances.
- Court approval: Ultimately, early removal requires a judge’s approval. Your San Antonio DWI defense attorney can file a motion with the court, presenting evidence of your compliance and good behavior. The judge’s decision will be based on the specifics of your case and whether or not they find you worthy of an early removal based on records that are generated by the device and other factors.
Early Removal of an IID is Possible, But Not Guaranteed
While early removal of an IID in San Antonio is possible, it requires adherence to the law and persuasive legal arguments. Even then, early removal is not guaranteed. But, with the help of an experienced DWI defense attorney, San Antonio DWI offenders can navigate the complexities of IID requirements, explore potential options for early removal, and meet all the requirements for IID removal.
