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Home › Blog › Violation Consequences in Texas: What You Need to Know

Violation Consequences in Texas: What You Need to Know
The information in this blog is for general informational purposes only, may not reflect the most current developments, is not intended to and should not be relied upon or construed as a legal opinion or legal advice or to address all circumstances that might arise. See full disclaimer.

Violation Consequences in Texas: What You Need to Know

November 30, 2023

Are you in a tight spot with Texas’s Interlock system regulations? Mistakes happen.

Texas’s legal framework is structured to manage such mistakes, and knowledge is your first step toward resolution. There’s the possibility of having your driving privileges put on hold, and in Texas, where your car gets you everywhere, that’s no small thing.

Interlock Devices Explained: Understanding the Purpose and Usage

More and more cars in Texas have Interlock Devices nowadays. They’re a useful alternative to the occupational licenses that DUIers had to painstakingly obtain before. So long as your blood-alcohol content was below 0.15 and it was your first DUI, you can have an Interlock installed to resume driving.1

Here’s a quick run-down on Interlock Devices:

  • What they do – They’re a kind of sobriety checkpoint designed for one reason: to ensure you’re sober behind the wheel. Before the car starts, you need to blow into the device, which measures breath for alcohol. If detected, no luck—the car won’t start. It’s not a one-and-done deal; the system asks for random retests throughout the trip. If the test is failed, the car may sound the horn and flash the headlights until you stop. Failed Interlock test consequences Texas imposes are fines and license revocations altogether.
  • Getting them installed – When charged with a DUI, you’ll have your driver’s license revoked by the Texas Department of Public Safety. However, if your situation isn’t too severe, you can have an authorized provider install the Interlock in your vehicle. If the DUI is the only issue with your license, you can pay any reinstatement and installation fees to fit your car with an Interlock Device Texas approves of under law.

For Texans with a DUI history, Interlocks are simply a part of getting back on the road. Texas law wants to see a commitment to safety, and that’s precisely what Interlocks represent.

Ready to drive again after a DUI or DWI? Get back on the road safely with a reliable & discreet Ignition Interlock Device. Learn more!

Consequences of Violation: Penalties for Interlock Violations in Texas

There are a few ways you can fall afoul of Interlock rules, such as2:

  • Driving any vehicle without an Ignition Interlock Device
  • Trying to tamper with or circumvent the device
  • Driving with an illegal BAC

Texas takes these rule breakers seriously, and you can face some hefty repercussions. The Interlock violation consequences Texas gives out include the following:

  • Monetary fines – First up, there’s the financial hit. These fines can start around $100 to $200 but can jump to $1,000 with subsequent violations—certainly enough to make anyone think twice.
  • Revoked driving freedom – Then there’s your license suspension to consider. A violation could mean saying goodbye to your driving privileges for 90 days to six months. Some can even lose them for two years. If the state requires an SR-22 insurance certificate for reinstatement, expect your car insurance premium to increase, too.
  • Jail sentence – If your violations are serious enough, you could be sentenced to jail time. A third-time Interlock violation within five years could result in a felony charge and up to 180 days in jail.

Although the DUI laws in Texas can be a headache, the bottom line with Interlock violations is straightforward: they’re not to be taken lightly. The fines and the inconvenience only skim the surface, so it’s best to keep a clean slate and follow instructions strictly.

Appealing Violations: Options for Challenging Violations

If you don’t think you’ve violated the usage requirements for your Interlock system, there may be ways to appeal the violations. Usually, you’ll have 30 days to submit an appeal for one of the following reasons:

  • If you’re denied an application for a driver’s license
  • If your license is suspended or revoked
  • If you’re issued an administrative penalty

If you decide to appeal, it’ll be assessed in one of the following ways, depending on your unique circumstance3:

  • Informal hearing – These are scheduled if the violation concerns a disqualifying criminal history.
  • Settlement conference – These are scheduled for administrative violations.
  • State Office of Administrative Hearings (SOAH) involvement – SOAH steps in for cases without an informal hearing when the violation is based on non-criminal disqualifiers, such as being registered as a sex offender or having a dishonorable discharge. SOAH also hears appeals of the department’s decisions following an informal hearing or a settlement conference.

Either way, you’ll have the opportunity to present your case along with relevant information or evidence, contest the violation, and perhaps negotiate a resolution. There are no guarantees, but if handled correctly, it’s possible to turn things around.

Get Back To Driving with Smart Start

Ready to tackle the road again with Smart Start’s Ignition Interlock Device? Whether it’s a DUI vs. DWI offense in Texas, don’t let this setback keep you sidelined. Smart Start offers Texans easy installation, transparent pricing, and 24/7 multilingual support to get your life back on track quickly and safely.

Visit Smart Start now and take the first step toward regaining control of your life.

 

Sources:

  1. DrivingLaws. Texas Drunk Driving Laws and Violation Penalties. https://dui.drivinglaws.org/texas.php
  2. Texas Department of Public Safety. Laws and Regulations. https://www.dps.texas.gov/section/ignition-interlock-device
  3. Texas Department of Public Safety. Ignition Interlock Device (IID) Hearings. https://www.dps.texas.gov/section/ignition-interlock-device/ignition-interlock-device-iid-hearings

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Disclaimer

The information in this blog is for general informational purposes only. Information may be dated and may not reflect the most current developments. The materials contained herein are not intended to and should not be relied upon or construed as a legal opinion or legal advice or to address all circumstances that might arise. You should contact your attorney to obtain advice with respect to any particular legal matter. Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation. Links to any third-party websites herein are provided for your reference and convenience only; Smart Start does not recommend or endorse such third party sites or their accuracy or reliability. Smart Start expressly disclaims all liability regarding all content, materials, and information, and with respect to actions taken or not taken in reliance on such. The content is provided “as is;” no representations are made that the content is error-free.

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