The Code of Criminal Procedure Article 17.441 allows courts to require a pretrial bond condition that a defendant charged with a subsequent DWI offense or a very high breath test result for blood alcohol content to have an ignition interlock device placed on his car. An ignition interlock device is a breath alcohol analyzer that is connected to a motor vehicle ignition. In order to start the car, the driver must blow a breath sample into the analyzer, which measures alcohol concentration. If the alcohol concentration exceeds the startup set point on the interlock device, the engine will not start.
A restricted interlock device from DPS authorizes the person to operate only a motor vehicle equipped with an ignition interlock device. Once DPS receives notice from a court that a person must drive with an interlock device, DPS sends notice that the driver’s license expires on the 30th day after the date of the notice. The interlock is required until DPS receives a court order removing the restriction.
A restricted interlock license authorizes an individual to operate a motor vehicle equipped with an ignition interlock device (IID). Upon payment of the required fees, the Texas Department of Public Safety (DPS) will issue a restricted interlock license. A restricted interlock license will not be issued if the individual’s current driver license is expired, suspended or if the individual has not paid the required fees.
Cancellation of Driver License
When DPS receives a court order restricting an individual’s ability to operate a motor vehicle equipped with an IID, the individual’s driving privilege will be cancelled unless a restricted interlock license is obtained. The cancellation takes effect on the 30th day from the date DPS sends notice to the individual. This cancellation can be removed once DPS receives a court order or vendor removal form signed by a judge or county clerk.
To obtain a restricted interlock license, individuals must pay the following fees:
- Restricted interlock license fee, and
- Reinstatement fees.
All court-ordered installations of ignition interlock devices must be performed by DPS-certified service centers. The Regulatory Services Division of DPS certifies locations that can install and service the devices.
Driver Eligibility Status
For individuals who are required to submit compliance documents (i.e. certificate of completion, SR-22, etc.), their driver eligibility status will change from “ineligible” to “eligible” on the License Eligibility website once all documents have been processed and fees have been paid.
Collin County criminal lawyer Constantine Anagnostis dedicates his practice to people who are facing criminal charges, with a primary emphasis on DWI, Drug Offenses, Expunction & Nondisclosure Agreements, and Occupational Driver’s License Issues. Collin County criminal lawyer Constantine G. Anagnostis understands the law, procedures, and penalties pertaining to criminal law, and will aggressively fight to protect your rights. Collin County criminal lawyer Constantine Anagnostis provides the utmost personal dedication to each and every case, and truly cares about his clients. You may call 817-229-0319 to schedule a free consultation, or submit a sample case form. At the Law Office of Constantine G. Anagnostis, we look forward to helping you.