Ignition Interlock Devices Explained

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Ignition Interlock Devices Explained
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Texas DWI Statistics

• Texas was number 1 in 2003 in the number of
  traffic fatalities involving alcohol. California
  had 8 fewer alcohol related fatalities than
  Texas.
• In 1999, one out of every 150 miles driven on
  Texas roads was driven by a person with a BAC
  over .08.
• Source National Highway Traffic Safety
  Administration

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Texas DWI Statistics

• Alcohol was a factor in 170,000 accidents
  injuring 63,500 people in Texas in 1999.
• Texans incurred over 10 billion in monetary and
  property loss due to alcohol related collisions.
• Each alcohol related fatality caused an estimated
  3.3 million of economic damage.

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Strategies for Making Roads Safer

• Reduce the BAC needed to prove intoxication from
  .10 to .08.
• Mandatory incarceration for 72 hours on
  conviction of first DWI offense.
• Zero tolerance if driver under 21 has any
  detectable alcohol in their system.
• Mandatory installation of Ignition Interlock
  Devices (IIDs).

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What is an IID?

• An IID is a mechanism designed to measure
  alcohol and prevent operation of a motor vehicle
  if too much alcohol is detected.

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Where do you get an IID?

• An IID must be installed by one of six state
  approved vendors.
• Each vendor has licensed installers around the
  state to install their IID mechanisms.
• The State has approved eight different IID
  mechanisms.

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Are all IIDs the same?

• No, there are differences from mechanism to
  mechanism. Each IID, however, shares some common
  features
• The ability to prevent a vehicle from operating
  if the device measures BAC of over .03
• The ability to measure ethanol alcohol only
• The ability to give the driver multiple
  opportunities to retest

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Are all IIDs the same?

• If the driver fails multiple tests, the ability
  to disable the vehicle for a period of time and
• The ability to maintain a tamper proof record of
  each start that can be downloaded monthly and
  reported to the supervising court.

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DWIs and Intoxication

• A person commits and offense if the person is
  intoxicated while operating a motor vehicle in a
  public place. Tex. Penal Code 49.04(a)
• Intoxication means not having the use of mental
  or physical faculties by reason of the
  introduction of alcohol . . . or any other
  substance in the body or having an alcohol
  concentration of .08 or more. Tex. Penal Code
  49.01(2)

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The IID requirement

• Magistrates are required to order defendants
  charged with a subsequent DWI offense
• to install an IID unless the magistrate finds
  that the installation of an IID would not be in
  the best interest of justice and
• not to operate any motor vehicle unless that
  vehicle is equipped with an IID. TCCP art. 17.441

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Are IIDs unconstitutional?

• Yes. The requirement to install an IID is an
  infringement on the privilege of driving an
  automobile. The revocation of drivers licenses
  and privileges have not been found to be
  punitive. The requirement to install is a less
  severe infringement than license revocation and,
  therefore, does not constitute punishment and is
  not oppressive.
• Ex Parte Elliott, 950 S.W.2d 714, 717 (Ft Worth
  Court of Appeals, 1997)

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Are IIDs unconstitutional?

• As an order requiring the installation of an IID
  is not punishment, the order to install an IID
  doe not constitute double jeopardy when the
  defendant is later tried for the DWI.
• Ex Parte Sells, 2000 Tex. App. Lexis 132 (Houston
  Court of Appeals- 1st District, 2000)

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The Magistrates IID Order

• The Magistrates Order should include
• A requirement that the defendant install an IID
• At the expense of the defendant
• Within 30 days of release on bail and
• Not operate any motor vehicle, unless the motor
  vehicle is equipped with an IID.

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The Magistrates Discretion not to Require an IID

• The magistrate has the discretion not to require
  the installation of an IID if installation is not
  in the best interests of justice. Reasons for
  excusing the defendant from the IID requirement
  include health and economic hardship. If the
  requirement is not imposed, the judge should
  enter an order to that effect.

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If the Defendant does not Comply with the
Magistrates IID Order

• The magistrate may revoke the bond if the
  magistrate finds by a preponderance of the
  evidence that the defendant violated conditions
  of the bond. TCCP art. 17.40

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What happens after the Magistrates Order?

• The Magistrate is empowered to designate an
  appropriate agency to install and monitor IID. In
  some counties, the IIDs are monitored by
  pre-trial services, the probations department or
  even members of the judges staff.

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Why does monitoring matter?

• Monitoring is key to the effective use of an IID
  system to reduce drunk driving. Each month the
  defendant reports to an IID center where the
  information in the device is downloaded. A
  monthly report is then transmitted to the
  monitoring agent.

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Why does monitoring matter?

• Based on the monthly report, the monitoring
  officer can determine whether to recommend the
  bond be modified to include
• additional drug/alcohol counseling
• out-patient or in-patient treatment or
• increased court supervision.

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Thank you and good luck!