Texas As of September 2015, any arrested drunk driver has the option of either getting an interlock occupational license or choosing not to drive. Since September 2005, judges are required to order ignition interlocks for all repeat offenders for first-time offenders with a BAC of .15 or greater as a condition of probation. From 2006 to 2020 in Texas, interlocks stopped 371,345 attempts to drive drunk with a breath alcohol concentration of .08 or greater, including 34,367 attempts to drive drunk in 2020. Grade: C- (70/100) The interlock law in Texas is largely implemented by courts and probation departments on a county level. The state should add a statewide implementation of the interlock law. Why does MADD call the law all-offender? An arrested drunk driver can get an interlock occupational license during a license suspension or choose not to drive. Process to obtain an ignition interlock 1. File for an SR-22 form, which proves financial responsibility to the state courts. 2. Schedule an appointment to have an interlock device installed. 3. Pay all your DWI, court and license reinstatement fees. Ignition Interlock Law Overview and MADD Legislative Recommendations How soon can an ignition interlock be installed? Duration on ignition interlock Legislative Recommendation First offense .08 to .14 BAC Upon revocation 90 days to 1 year
First offense .15 BAC plus Second offense
Upon revocation 1 year
Allow for the use of interlocks for any refusal
Unclear
1 year
First refusal
Interlocks not available for first-time refusals
Can a drunk driver wait out an interlock order?
Yes
Any person who has a license suspended for a drunk driving offense, must use an ignition interlock for at least six months before obtaining a non-interlock driver's license.
Legislative Recommendation
Yes, courts require proof of compliance with device before exiting the program, but it is not a statewide law.
Compliance based removal?
Add a statewide compliance-based removal component to the law (a user must prove a certain period of sober driving before exiting the interlock program).
Legislative Recommendation
Day-for-Day credit for early installation?
No
Legislative Recommendation
Allow for the use of ignition interlock after arrest and credit early installation of an interlock toward time ordered on an interlock upon conviction.
Interlocks required for plea agreements or diversion?
Yes
Affordability program? Yes However, the Department may establish a payment schedule for the reasonable cost of leasing or buying and monitoring and maintaining the interlock. Create an affordability program so low-income interlock users have access to these devices. This program should be paid for by interlock vendors or non-indigent interlock users. Sources: Penal Code §49.09(g), §521.241 et seq., Code of Criminal Procedure 42.12, Texas DPS. Legislative Recommendation
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