Texas Code of Criminal Procedure
§ 42A.408 — USE OF IGNITION INTERLOCK DEVICE
CR § 42A.408Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 42A. COMMUNITY SUPERVISION · Art. I. CONDITIONS APPLICABLE TO CERTAIN INTOXICATION OFFENSES
Statute text
View on source(a)In this article, "ignition interlock device" means a device that uses a deep-lung breath analysis mechanism to make impractical the operation of the motor vehicle if ethyl alcohol is detected in the breath of the operator.
(b)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 on the motor vehicle owned by the defendant or on the vehicle most regularly driven by the defendant and that the defendant not operate any motor vehicle that is not equipped with that device.
(c)The court shall require as a condition of community supervision that a defendant described by Subsection (b) have an ignition interlock device installed on the motor vehicle owned by the defendant or on the vehicle most regularly driven by the defendant and that the defendant not operate any motor vehicle unless the vehicle is equipped with that device if:
(1)it is shown on the trial of the offense that an analysis of a specimen of the defendant's blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed;
(2)the defendant is placed on community supervision after conviction of an offense under Sections 49.04-49.061, Penal Code, for which the defendant is punished under Section 49.09(a) or (b), Penal Code; or
(3)the court determines under Subsection (d) that the defendant has one or more previous convictions under Sections 49.04-49.08, Penal Code.
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Legislative history
Acts 2019, 86th Leg., R.S., Ch. 1298 (H.B. 3582), Sec. 3, eff. September 1, 2019. Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 4.006, eff. September 1, 2021. Acts 2023, 88th Leg., R.S., Ch. 813 (H.B. 1163), Sec. 11, eff. September 1, 2023.