Texas Ignition Interlock Attorney
An ignition interlock device, also known as a deep lung device (DLD), is a small machine that is installed in a vehicle and prevents the owner or the operator of the car from driving it if after blowing into the device, it detects alcohol in the system of the individual. An ignition interlock device, or a deep lung device (DLD), is designed to prevent individuals from drinking and driving. The installation of a deep lung device in your car will help you drive more responsibly.
When a person has a DLD device installed in their car, they must blow into the deep lung device to test their blood alcohol concentration (BAC) levels. If the BAC levels are over the limit set on the device, your car will not start. A car will fail to start until the driver blows into an ignition interlock device, and the system detects that the blood alcohol level is below 0.03. As long as a driver’s BAC is below 0.03, the car will start. The ignition interlock device also requires that a driver must blow into it every twenty minutes for the car to continue functioning, or the
If you were charged with a DWI with a BAC alleged to have been a .15 or higher, a DWI-subsequent offense, including second or third offense, Texas law requires to install a deep lung device in your car. If there was an accident, the judge certainly has the discretion to order the installation of the DLD if he/she believes it is in the best interest of the public. Aside from having multiple DWI charges, you may also be required to install a deep lung device as a condition to receive an occupational driver’s license. In addition, even if a DLD has not been installed as a condition of a person’s bond, it may be added later as a condition of the DWI probation.
IS EARLY REMOVAL OF DLD POSSIBLE?
Section 17.441 of the Texas Code Criminal Procedure requires that a judge order the installation of an ignition device as a condition of bond on second or subsequent DWI. Also, according to the Section 42.12(13)(i) of the Texas Code Criminal Procedure requires a judge to order the installation of an interlock device in certain cases as a condition of bond, while giving the judge discretion to order the removal of the device after half of the probation period have been served. While there exist other scenarios where the judge is not required to order the ignition interlock be removed by law, such a request can only be made after half of the term of probation is complete.
If a person is eligible according to the law to request the removal of the DLD, the next step is convincing a Judge that it is appropriate. The determination as to the removal is discretionary by a Judge in Texas. The best way to help do this is to keep and maintain accurate logs from the company who installed and maintains the device and gather them to show how over a certain period of time no violations have occurred. Even when if a Judge is legally able to allow for the removal of the DLD and no violations have occurred, it is still discretionary and there are no guarantees of the outcome.
Contact a Dallas-Fort Worth DWI Attorney for Deep Lung Device Information
CallAttorney Carl David Ceder if you need DWI defense representation in Dallas, Collin, Rockwall, Denton, or in Tarrant County, Texas. We can answer any questions you may have about installing a deep lung device, ignition interlock system in your car. Contact The Law Offices of Carl David Ceder for assistance at 214.702.CARL(2275) or at 469.2000.DWI(394). You can also e-mail Carl directly, at [email protected]; or to the office for general inquiries at [email protected] Phones should be answered 24 hours a day/7 days a week for immediate and prompt assistance.