Do I need an ignition interlock device after a DWI in Texas?

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TL;DR

A Texas court may require an interlock device as a condition of community supervision after a DWI conviction, and must require one in the cases the law lists.1 The device is at the driver's own expense unless the court finds that doing so is not in the best interest of justice.3

Do I need an ignition interlock device after a DWI in Texas?

The Texas Code of Criminal Procedure says a Texas court may require, as a condition of community supervision, that a defendant placed on community supervision after a conviction for an intoxication offense under the Penal Code have an ignition interlock device installed.1 The Code of Criminal Procedure also says the court shall require an interlock device as a condition of community supervision in the cases listed in the article, including a specimen showing an alcohol concentration at or above a set level.1 The Texas Transportation Code states that the person obtains the device at their own expense unless the court finds that doing so is not in the best interest of justice, and that the court may impose a payment schedule if the person cannot pay.3 On when a court may require one, part of the article reads:

The court may require as a condition of community supervision that a defendant placed on community supervision after conviction of an offense under Sections 49.04-49.08, Penal Code, have an ignition interlock device installed

Texas Legislature (Texas Constitution and Statutes)1

Do I need a restricted license to drive with an interlock in Texas?

The Texas Department of Public Safety (DPS) says a person ordered to install an interlock device must apply for an Interlock Restricted driver license to be eligible to drive.

You will be required to apply for an Interlock Restricted driver license to be eligible to drive.

Texas Department of Public Safety2

Does an occupational license carry an interlock restriction after a DWI in Texas?

DPS says an occupational license issued after an ALR suspension or a DWI conviction carries an interlock restriction regardless of whether the court order requires one.4

What the sources do not state

The sources used here do not say how long a device must stay installed or what a device costs. They also do not list every case in which a court must require a device.

Next step

The DPS page on occupational licenses is the agency’s own page on the interlock restriction. The filing lookup tool on this site lists the filing type, fee and duration for a violation.

Receipts

  1. 1

    Texas Legislature (Texas Constitution and Statutes)

    Texas Code of Criminal Procedure Art. 42A.408 (Use of Ignition Interlock Device)

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  2. 2

    Texas Department of Public Safety

    Alcohol-Related Offenses

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    Open sourceSee the data
  3. 3

    Texas Legislature (Texas Constitution and Statutes)

    Texas Transportation Code Sec. 521.246 (Ignition Interlock Device Requirement)

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    Open sourceSee the data
  4. 4

    Texas Department of Public Safety

    Section 12: Occupational License

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    Open sourceSee the data