Ignition Interlock Device Laws
Proposed Federal-Ignition Interlock Bill could change Texas DWI Law
New Jersey Senator Frank Lautenberg has an illustrious career in Congress circulated over parts of three decades, during which he has arguably had the most impact from a senator on the protection of highway traffic of our country against the dangers of drink influence.
He wrote landmark legislation that successfully convinced all 50 states a uniform strengthening of their drunk driving laws. This legislation threatened to withhold federal transportation funds from countries that do not raise the minimum age to drink 21 and not lower the minimum blood alcohol content (BAC) level at which people legally intoxicated to 0.08. The states acted accordingly to maintain their federal funding, essentially creating national standards for minimum age and illegal levels of intoxication.
In December, Senator Lautenberg introduced similar legislation with Senator Tom Udall New Mexico. If adopted, the Repeat Offender Drunk Driving Prevention Act of 2009 (DDROP) would withhold federal transportation funding from states that are not laws, at least six months of ignition interlock systems devices (IIDs) could in Private cars of all drivers convicted of drunk driving.
Ignition Interlock Devices
An ignition interlock device, also referred to as a breath alcohol ignition interlock device (BAIID), is a small breath analyzer about the size of a mobile phone that communicates with the ignition of a vehicle. Texas law may also refer for such a device as a deep-lung breath analysis mechanism. Mounted on the dashboard, the driver must blow into the straw enclosure that the level of alcohol in the body action. If the BAC reading is safe, according to a preset level, the car will start, but if the BAC is unsafe, the ignition interlock prevents the car from starting and the drunken chauffeur drive.
The federal Centers for Disease Control and Prevention (CDC) conducted a recent assessment of the effectiveness of ignition interlock devices in reducing of repeat drunk driving and alcohol-related accidents. The CDC concluded that the locks to reduce repeat drunk driving arrests by about 73 percent - an incredibly high number. It follows that the expansion of the required interlock device used in drunk driving offenders would most likely decrease the number of vehicle accidents involving drunk drivers, because fewer of them would be on the roads.
Drunk Driving in Texas
The state of Texas is known for its consistently high rates and numbers of alcohol-related accidents compared to other states. Driving under the influence (DWI) is the official term for the crime of illegal driving. Currently, Texas' ignition interlock provisions as part of DWI convictions are not as strict as DDROP would require. Senator Lautenberg reported in its press release DDROP states that only 10 units for each drunk driving conviction mandate. Texas is not one of them.
Currently, the major Texas DWI laws IIDs to offer:
- Second Intoxication Offense in five years: For a defendant with DWI in half five years after the required license suspension period, installation and use of an IID is required for a time equal to the length of the suspension.
- Community Supervision (Probation): After a DWI, intoxication assault or intoxication manslaughter conviction, if the defendant is placed on probation, the court may require IID installation and use. However, the condition is required if the suspect BAC was .15 or more, or the suspect a repeat offender or an offender who has received harsher punishments for causing certain types of damage, such as injuring a peace officer or firefighter. Some exceptions exist when the previous convictions were more than 10 years ago and for some types of jobs that drive. An IID is required during probation of a number of suspects under 21.
- Occupational License: After a DWI, intoxication assault or intoxication manslaughter conviction that results in a license suspension, the defendant can apply for an occupational license only for work, school or family needs. For a first time offender, may the court to install an IID as a condition of the professional license, a repeat offender or an offender who has received harsher punishments for causing certain types of damage such as wounding a peace officer or firefighter, the court must impose the IID condition unless the prior conviction was more than 10 years earlier. There is a limited exception for certain types of jobs that drive.
- Bail: IID installation needed DWI defendant in a vehicle as a condition of bail if the defendant is a repeat offender, or the drunken driving resulting in serious injury or death of another. This requirement can be waived if not in the interest of justice.
Installation of an IID is usually at the expense of the defendant.
Texas likely to jump on the bandwagon
Texas, which has a very large state with thousands of miles of roads, is likely to meet DDROP the ignition interlock device installation requirements, so there is no risk of losing federal transportation funding if the bill passes. To meet DDROP every Texas DWI conviction, or first-time or repeat, if someone was hurt or slain, and regardless of the level of BAC, a mandatory six months require IID requirement.
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