Texas Ignition Interlock Device (IID) Requirements

Texas DPS requires SR-22 Financial Responsibility Insurance Certificate as a rider on a standard insurance policy that guarantees coverage to the state when applying for an Occupational Driver License (ODL).

Ignition Interlock Devices (IIDs) in Texas: A Comprehensive Guide

An Ignition Interlock Device (IID) is a breathalyzer installed in a vehicle that prevents it from starting if the driver's breath alcohol concentration (BrAC) exceeds a pre-set limit. In Texas, IIDs have become a common requirement for many Driving While Intoxicated (DWI) offenses, both as a condition of bond and as a condition of probation. House Bill 2246 shifted the focus to "compliance-based driving," allowing individuals to maintain driving privileges by using an IID.

When is an IID Required in Texas?

Texas law mandates IIDs in several DWI scenarios:

• High BAC DWI: If convicted of a first-time DWI (Penal Code § 49.04) with a breath or blood alcohol concentration (BAC) of 0.15% or higher, the court shall order the installation of an IID.
• Repeat DWI Offenses: Any subsequent DWI offense (Penal Code §§ 49.04–49.06) requires an IID as a condition of bond, as per Texas Code of Criminal Procedure Art. 17.441. This includes Flying While Intoxicated and Boating While Intoxicated. Courts generally consider convictions within the preceding 10 years.
• Intoxication Assault or Manslaughter: Offenses involving serious bodily injury (Intoxication Assault, § 49.07) or death (Intoxication Manslaughter, § 49.08) invariably trigger IID requirements both upon arrest as a bond condition and upon conviction as a condition of probation or parole.
• DWI with a Child Passenger: A DWI offense with a passenger younger than 15 years old (Penal Code § 49.045) also mandates IID installation.

The 30-Day Installation Rule: If released on bond and subject to a mandatory IID requirement, the device must be installed within 30 days of release. Failure to provide proof of installation to the magistrate can lead to contempt of court, bond revocation, and re-arrest.

Duration of IID Requirement

The duration of the IID requirement varies depending on the offense:

• High BAC (0.15% or higher) First Offense: The IID must remain on the vehicle for at least 50% of the supervision period.
• Pre-Trial (Bond Condition): The IID is required until the case is resolved (dismissed, plea agreement, or trial).
• Probation (First Offense, BAC less than 0.15): Typically 6 months to 1 year, at the judge’s discretion.
• Probation (High BAC or Felony): A statutory minimum of 50% of the supervision period.

How an IID Works in Texas

All IIDs approved for use in Texas utilize electrochemical fuel cell technology, making them highly specific to ethanol. Texas courts overwhelmingly require devices equipped with a camera to prevent circumvention. Some models also include GPS tracking, more common in bond conditions.

• Before Starting: Before starting the vehicle, the driver must provide a breath sample into the IID. If the BrAC is 0.030 g/210L or higher, the vehicle will not start. Many devices display a "WARN" message at levels between 0.020 and 0.029, logging the alcohol presence even if the car starts.
• Rolling Retests: After starting the vehicle, the IID will prompt the driver for random "rolling retests," typically 5-15 minutes after the engine starts and then every 45-60 minutes. If a rolling retest is failed or missed, the device triggers a violation alarm (horn honking, lights flashing) until a clean breath sample is provided or the vehicle is turned off.
• Violation Triggers: The set point for a violation in Texas is 0.030 g/210L.

Costs Associated with IIDs in Texas (2025 estimates)

The total cost over a one-year period can exceed $1,500. The Code of Criminal Procedure Art. 42A.408(e-1) allows indigent defendants to apply for a waiver of the installation fee and a 50% reduction of the monthly monitoring fee.

State-Approved IID Providers in Texas

The Texas Department of Public Safety Regulatory Services Division certifies IID vendors. These vendors must adhere to strict technical standards outlined in Title 37, Part 1, Chapter 10 of the Texas Administrative Code.

Major certified manufacturers operating in Texas include Smart Start, ALCOLOCK, and Draeger.

Violations and Consequences

The IID is a strict liability tool, and violations can lead to serious consequences:

• Types of Violations:
• Failed Startup (BAC ≥ 0.030)
• Refused/Missed Rolling Retest
• Tampering (disconnecting the battery or damaging the device)
• Circumvention (starting the vehicle without a breath sample after alcohol detection)
• Legal Consequences:
• Bond Revocation: A violation report can result in an arrest warrant and return to jail.
• Probation Modification/Revocation: Violations can lead to extended IID terms, jail time, or probation revocation.
• License Suspension: Driving a vehicle without an IID while under a "J" restriction is a Class B Misdemeanor and results in license revocation.

Employer Vehicle Exemption

Texas Transportation Code § 521.246(e) allows an exemption for employees who drive company vehicles. To qualify:

• The driving must be required for employment.
• The vehicle must be owned entirely by the employer (not owned or controlled by the restricted driver).
• The employer must be notified of the driving restriction.

The defendant must obtain the Employer Notification of Ignition Interlock Restriction form and have the employer sign it, acknowledging the restriction. The driver must carry the signed affidavit in the company vehicle.

The Restricted Interlock License

Texas Transportation Code § 521.2465 governs the Restricted Interlock License. When a court orders an IID, the DPS places a restriction (Code "J") on the driver's record. The driver has 30 days to obtain the Restricted Interlock License or face cancellation of driving privileges. The fee for this license is $10.

To obtain the Restricted Interlock License, mail the payment and request to:

Texas Department of Public Safety ATTN: Central Cash Receiving PO Box 15999 Austin, TX 78761.