As tempting as it may seem, if you have been ordered to install an ignition interlock device in your car following a DWI conviction in Texas, it is important that you only use your breath to initiate the breath sample. Having another, presumably non-drinking person, breathe into the IID to trick the car to start because you are intoxicated or over the preset alcohol limit defeats the purpose of the IID and the behaviors being monitored. This is a serious violation and may open an individual up to a host of other problems and more serious charges.
How are Violations on Conditions of Probation Addressed?
If a person has a positive reading and fails the IID breath test for the presence of alcohol, the results of the test are shared with the person’s probation officer and court. The probation officer may violate the person and introduce new charges, prompting judicial review of your case again. In addition to any new charges for DWI, the person will also face a violation of probation charge.
What is a Rolling Re-Test?
While driving, some IIDs retest the driver when the car is in motion. The IID makes a sound indicating that the driver should provide a new breath sample. If alcohol is detected, the IID makes sounds by blowing the horn and flashing the lights until the driver stops. The engine cannot stop while the vehicle is being driven, but once the driver turns it off, the car will not restart for some time. This test is measuring whether the driver is consuming alcohol after the initial test. The results here are also shared with the court, probation officers, and other court personnel.
Once your driving privileges have been restored, even if it is with the condition of installing an ignition interlock device, it is important to get the IID installed and follow these basic tips.
Do Not Involve Minor Children
A Pennsylvania woman had her 8-year-old daughter blow into an IID shortly before she crashed and was charged again with drunk driving in late February this year. In addition to the drunk driving charge, the woman was also charged with corruption of minors and leaving the scene of the crash.
Do Not Switch Cars
The requirement to install an IID in a vehicle includes all vehicles, even the one you borrow. You cannot beat the requirement to provide a breath sample prior to driving by borrowing someone else’s car and driving it while intoxicated in order to escape detection.
Check back next week for additional posts on IID and IID related topics in Texas.
Contact a Texas DWI Defense Attorney Today
Our firm handles criminal matters ranging in misdemeanors and felonies related to DWI defense in Texas. From before formal criminal charges are filed, through trial, and post-conviction relief and expungements, the Law Office of Kimberly Griffin Tucker is here to help you. If you have been arrested, ordered to appear in criminal court, or are otherwise in need of consultation with a criminal law attorney specializing in DWI defense, do not hesitate to call (214) 445-6336 or visit our website and schedule an immediate case evaluation.
(image courtesy of Matheus Ferrero)