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In Lubbock, there are several types of alcohol monitoring devices. One of the most prominent is the ignition interlock device, or an IID. That is a device that is required to be placed in any vehicle that the person owns and operates. With an ignition interlock device, the person would have to give a breath test before the vehicle would start. Then, the person would have to give a ruling retest as the vehicle is in motion when the unit indicates it was ready for a retest. These devices are designed to try to prevent the person from driving while intoxicated.
To better understand the role of an ignition interlock device in your Lubbock DUI case, it is imperative to consult with an experienced lawyer as soon as possible. A Lubbock DUI attorney can help lessen or dismiss any potential penalties that may result from a DUI charge.
Potential DUI Issues
There are a lot of issues with ignition interlock devices. Sometimes, they produce false positives, mostly dealing with mouthwash and other mouth alcohol. Beyond that, they mostly produce positive results.
This can sometimes trigger scrutiny from the court or the probation office to find out why the person is continuing to drink, because they are probably on a bond and no longer allowed to consume alcohol and operate a motor vehicle.
Individual’s Required to Have an IID
As of April 15, 2017, the ignition interlock devices are both pre-judgment and post-judgment in Lubbock DUI cases. If a person has been convicted of a DWI, they are going to be on probation. If they have had a chemical score of 0.16 or above, then they are required, as a term of probation, to have the interlock for at least half of the time that they are on probation. In other words, it is as a result of the first offense DWI. With the breath test, they must have produced a 0.18 and serve 18 months probation. For the first nine months, they would have to have the interlock again.
In other words, it is as a result of the first offense DWI. With the breath test, they must have produced a 0.18 and serve 18 months probation. For the first nine months, they would have to have the interlock again.
If the person has problems while in possession of the IID, such as drinking and driving or other violations, the court has the ability to extend both the probation and the length of time that the interlock is installed. If the person is under 21 and they get a DWI conviction, then as a condition of probation, the person has to have an interlock in their vehicle.
If the person has a subsequent conviction, such as a second or third offense DWI, the person must have the interlock device in the vehicle for at least half the time that the person is on probation. The same would be true for an intoxicated assault or an intoxicated manslaughter case. If that person gets probation, they have to have the interlock installed for at least half the time that they are on probation.
Installation as a Condition of Bond
Anyone who has been arrested may have the ignition interlock device installed as a condition of bond following their Lubbock DUI case. A person must have the interlock device installed in their car for at least half the time they are on probation.
It is the same condition with a felony and with a third offense DWI or more. If the person is out on bond, they still must have the device as a condition of bond.
Some courts are now ordering interlocks as a condition of bond on minors, although the statute does not mandate it. This can also happen with individuals who have a breath test score of 0.15 or above. The law surrounding ignition interlock devices is constantly changing, so it is important that an individual consults with an attorney whenever they are facing the installation of an IID following a Lubbock DUI case.