Ignition Interlock Device Requirement as a Condition of an Occupational License
For most people who are arrested and charged with Driving While Intoxicated in Texas, they do not realize the severity of the potential outcome for their actions until they begin to face the many issues related to the charge itself. Not only is there a criminal charge that must be dealt with , there is also the loss of driving privileges among other restrictive conditions. While not impossible to obtain an occupational license following a drivers license suspension from a DWI arrest or conviction, it has been traditionally more risky and involves the possible inclusion of the District Attorney’s office in the matter. Nonetheless, in order for a person to drive in such a situation, an occupational drivers license must be petitioned for at the appropriate time.
One of the conditions of an occupational license following a DWI arrest or conviction, is the installation of an ignition interlock device. According to the Texas Transportation Code, an ignition interlock device is a device that uses a deep lung mechanism to make impractical the operation of a motor vehicle if ethyl alcohol is detected in the breath of the operator of the vehicle. A judge has discretion to order an ignition interlock device installed in the vehicle if the petitioner has no more than one conviction for an offense under the DWI laws. If the petitioner has two or more convictions, then the installation of the device on the petitioner’s vehicle is mandatory.
The cost of installing and maintaining the device is born to the petitioner unless the costs therein would be against the best interest of justice and the judge makes that finding into the record. The judge can order a payment plan for the device if the person is unable to afford the costs. The device must be installed for at least half the term of the suspension. It must be installed in any vehicle the person drives unless the person is driving a company owned vehicle for work purposes.
Usually, an occupational license after a DWI conviction is filed and heard in the court where the DWI charge was filed. Regardless of the attorney used to represent you on the criminal charge itself, we can help you obtain the occupational license. We may even be able to save you some money. For a review of your occupational license or for a free consultation, please do not hesitate to contact our office at the numbers listed below. Thank you.
1) By Phone – 214-321-4105
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