New DWI Interlock Law Proposed For Texas
A new bill would require first time DWI offenders in Texas use an ignition interlock device on their vehicles.

April 22, 2011 /24-7PressRelease/ -- A new bill would require first time DWI offenders in Texas use an ignition interlock device on their vehicles. House Bill 189 states that judges may grant first-time offenders deferred adjudication, or delayed judgment on a charge, as long as the offender was not driving with a child younger than 15 and the offender did not injure or kill another person while driving. The new language from the statute requiring an interlock device says:

A judge granting deferred adjudication to a defendant for an offense under Section 49.04, 49.05, 49.06, or 49.065, Penal Code, shall require the defendant to have an ignition interlock device installed under Subsection (i), regardless of whether the defendant would be required to have the device installed if the defendant was convicted.

MADD is supporting the H.B.189, because it includes a section that requires a deferred adjudication be considered a conviction for purposes of enhancement of penalties.MADD had worked against previous legislation of this type, because they felt some repeat offenders would plead to a different offense, and avoid any record of the DWI charge.

How an Ignition Interlock Works:
- An ignition interlock is electronic device that is attached to the vehicle's ignition and is typically installed on the vehicle dashboard. Before starting the vehicle, the driver first must exhale into the device. If the interlock detects alcohol on the breath, the engine will not start.
- At random times when the engine is running, the device will require the driver to provide additional breath samples. If a breath sample is not provided, or the sample exceeds a set blood alcohol level, the device will record the event, warn the driver and then start up an alarm (lights flashing) until the ignition is turned off, or a clean breath sample has been provided. This is designed to prevent someone from having a sober person blow into the device, allowing them then drive away intoxicated.

It is encouraging to see Texas consider this type of legislation. With the budget deficit, ever more costly DWI prosecutions and prison sentences is something Texas can no longer afford. This new law would increase the likelihood that a first-time offender will receive treatment or rehabilitation, rather than jail time, which has proved ineffective at reducing the potential of drivers reoffending.

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