What exactly is driving while intoxicated?
The State has to show the following, to prove
that you are DWI:
· identity of Defendant
· on or about a certain date
· in a particular Texas county
· operated
· a motor vehicle
· in a public place
· while intoxicated
In a great majority of cases, the only issue
is whether the Defendant was intoxicated. The
legal definition of intoxication
is:
(A) not having the normal use of mental or
physical faculties by reason of the introduction
of alcohol, a controlled substance, a drug, a
dangerous drug, a combination of two or more of
those substances, or any other substance into
the body; or
(B) having an alcohol concentration of 0.08 or
more.
As you can see, if the jury believes beyond a
reasonable doubt that a person has lost the normal
use of their mental faculties, or
their physical faculties, or
had an alcohol concentration of 0.08 or more while
operating a vehicle, one may be convicted of DWI.
That means there are three ways the State can
convict a person for DWI. The juror’s opinions
don’t even have to be unanimous as to the
theory of intoxication.
Now that you know the definition of intoxication,
how does the State prove it? Well, I like to look
at DWI evidence in four phases:
· driving facts – the basis
for the stop, and is it a clue of intoxication?
· personal contact – the officers
observations of the driver such as odor of alcohol,
loss of balance, confusion, admissions by the
driver, slurred speech, bloodshot eyes, etc.
· standardized field sobriety testing
– the horizontal gaze nystagmus (HGN), the
walk and turn, and the one leg stand.
· chemical testing – breath,
blood or urine testing.
Keep in mind, all of the things you
say and do are being recorded by the camera inside
the officer’s vehicle and his body or car
microphone, or at the jail.
A law enforcement officer determines that there
is a reasonable suspicion for an initial traffic
stop of a motorist. After contact with the individual
is initiated, the officer develops probable cause
to arrest the person for DWI. Specifically, if
the officer has reason to believe that the driver
is impaired, a set of field sobriety tests may
be administered. If the driver performs poorly,
the driver is arrested for DWI and transported
to the police station. Note that the officer’s
decision must necessarily be based on his opinion
that the driver has lost the normal use of their
mental and physical faculties, as there is no
opportunity for chemical testing on the side of
the road (aside from the portable breath test,
which is inadmissible in court – see below).
So, why take a breath test? That’s
a good question, for the following reasons:
· Why would you give the State
another theory upon which to convict you?
· The officer has already made a decision
to arrest based on loss of faculties. Did you
know that if you pass the test, you are still
under arrest for DWI? You don’t get to go
home. How can that be?
Here’s how:
· The State will argue that you lose the
normal use of your faculties at an alcohol concentration
lower than 0.08.
· The State will argue that your breath/blood/urine
concentration was higher at the time of driving
than the time of testing.
· The State will argue that you were also
on drugs, and this caused you to lose your faculties.
· Did you know that the machine used for
breath testing is unreliable?
BREATH TESTING. There
are two kinds of breath tests: the road-side,
hand-held test and the Intoxilyzer 5000 machine
located at the county jail.
A NOTE ABOUT THE PORTABLE BREATH TEST
(PBT): This road-side test is notoriously
inaccurate and the results are not admissible
in court due to its inaccuracy, but the Court
will let it in to show the “presence of
alcohol.” This is ridiculous. What is a
jury going to think? That you passed the test
and the officer still arrested you? Of course
not, they are going to assume you failed this
test. The officer may try to coax you to take
it by saying that it’s not admissible in
court, but he will hold the results up to his
video camera in the car for the prosecutor to
see. Be polite and decline, and stand your ground.
The INTOXILYZER 5000 machine
is usually kept at the jail, although big cities
like Austin may have a mobile unit they park in
high DWI areas like 6th Street. The results of
this test are admissible in court. Most people
think this machine is reliable and accurate, when
in truth, it is not. If you have had anything
to drink, you run the risk of failing it. The
legal limit of .08 is very low for most adults,
and the results of the test can be manipulated.
With that big, official sounding name, it sure
sounds like a supercomputer, but did you know:
· The Intoxilyzer 5000 is not warranted
for breath testing.
· It runs off computer software that is
about as sophisticated as an Atari game system.
Remember those? Iam sure some don’t.
· The machine tests alcohol concentration
at the time of the test, not the time of driving.
· The people who make the machine will
not give out the information about how it works.
· Texas law says that if the two samples
that are taken are within 0.02 of each other,
it is considered a valid analytical result? That
means a 0.061 and a 0.081 is a valid test, even
though there is a 25% difference in the results,
and one is passing and the other is failing!!!
· Your body varies wildly in alcohol concentration
in the lungs over time based upon weight, the
time of drinking, eating, the type of alcoholic
beverage, the time of the last drink, the pattern
of drinking and many other factors, even including
gender and race!!!
· Mouth alcohol can seriously affect the
test. If you burp or belch at or near the time
you blow into the machine, you will blow much
higher. I have personally tried this. Once I drank
5 Bud Light beers in one hour, one every 12 minutes.
I waited 20 minutes an blew into an Intoxilyzer
5000 operated by a certified breath test operator.
I blew a 0.053. A few minutes later I belched,
and I brought that to the attention of the operator.
He reset the machine (which takes a few minutes)
and I blew a 0.085. There is no way my alcohol
concentration could have increased so quickly.
· Did you know the entire machine’s
testing system – the processor, the calculations
and the software - assumes everyone is the same?
The machine makes up to SEVEN assumptions about
people’s body temperatures, breath to blood
ratios, etc. A person who has a higher body temperature
will show a higher result, this can be almost
10% per degree!
· Texas law says that the operator of the
Intoxilyzer has to be in the presence of the defendant
for 15 minutes to make sure that they don’t
burp or belch or ingest anything. Caselaw says
that the operator must only be in the presence
of the defendant – it is legally sufficient
for them to sit in opposite corners of the room
facing the wall, not paying attention, and that’s
good enough. In ten years, I have never seen an
operator restart the 15 minute observation period
due to this fact.
STANDARDIZED FIELD SOBRIETY TESTING
Police Officers are trained and certified in
the administration of what is known as Standardized
Field Sobriety Testing (SFST). Standardized Field
Sobriety Testing is a battery of three tests administered
and evaluated in a standardized and objective
manner to obtain indicators (called "clues")
of impairment and to establish probable cause
to arrest a DWI suspect. These tests were developed
as a result of research sponsored by the National
Highway Traffic Safety Administration (NHTSA).
In Texas, police officers must complete an NHTSA-approved,
State-sponsored training course to be certified
to administer the HGN test and the other two tests
comprising the sobriety test battery. The 40-hour
course consists of 24 hours of classroom instruction
and 16 additional hours of field evaluations.
Upon satisfactory completion of the classroom
instruction, an officer receives "practitioner
certification" to administer the sobriety
test battery. During the 16 hours of field evaluation,
the officer must complete and document 35 test
cases of administration of the test battery. After
completion of the 35 test cases, submission of
the results, and approval by the Texas Engineering
Extension Service, Law Enforcement Training Division,
an officer receives "proficiency certification"
from the Texas Commission on Law Enforcement Officer
Standards and Education (TCLEOSE).
The three Standardized Field Sobriety tests are:
(1) the horizontal gaze nystagmus (HGN), (2) the
walk and turn, and (3) the one leg stand. NHTSA
training suggests that SFSTs are reliable in identifying
subjects whose B.A.C.s are 0.08 or more. The reliability
of SFST is, however, completely contingent upon
the tests being administered in a prescribed,
standardized manner, standardized indicators ("clues")
being used to assess the suspect's performance,
and standardized criteria being employed to interpret
the performance.
HORIZONTAL GAZE NYSTAGMUS (HGN)
Horizontal gaze nystagmus is a naturally occurring
involuntary jerking of the eyeballs as they track
a stimulus from side to side. This occurs very
rapidly and is generally too fast to see in a
person who is not intoxicated (unless they have
some other medical problem that causes nystagmus,
which is possible) The theory is that when a person
is impaired by alcohol, the nystagmus (the jerking
of the eyeballs) slows down due to the introduction
of a depressant into the body, ususally alcohol,
and becomes observable by the naked eye.
In the HGN test, the officer is trained to observe
the eyes of a suspect as he follows a slowly moving
object such as a pen or small flashlight (referred
to as a "stimulus") back and forth (horizontally).
The stimulus is held 12-15 inches in front of
the subject's nose, with the tip slightly above
the eyes. As the suspect tracks the stimulus with
his head remaining still, the officer is trained
to look for three indicators (or clues) of impairment
in each eye: (1) the eye cannot follow the stimulus
smoothly (2) distinct nystagmus when the eye is
at maximum deviation (maximum deviation meaning
the eyeball moved horizontally as far as it can
go, to 90 degrees), and (3) the angle of onset
of nystagmus is prior to 45 degrees from center
(45 degrees being approximately when the stimulus
is in front of the subject's shoulder. Officers
are trained that if a suspect exhibits four or
more clues, there is a probability that the person
has a B.A.C. of 0.08 or more.
WALK AND TURN
There are two stages in the walk-and-turn test:
(1) the instruction or attention stage, and (2)
the walking stage. In the instruction stage, the
subject is directed to stand on a line with his
feet in the heel-to-toe position (right foot in
front), keep his arms at his sides, and listen
to instructions and don’t begin until being
told to do so. The subject is instructed to take
nine continuous steps without stopping, heel-to-toe,
along a straight designated line while counting
the steps out loud and watching his feet, and
then turn and return in the same manner.
The officer is trained to look for eight clues
of impairment:
1. loses balance during the instructions (by breaking
away from the heel-to-toe stance),
2. starts walking before the instructions are
finished
3. stops while walking
4. does not touch heel-to-toe (by missing by at
least one-half inch),
5. steps off the line
6. uses arms for balance (by six inches or more
from the side),
7. loses balance or turns improperly, and
8. takes the wrong number of steps.
Just two mistakes or clues indicate a
failure. Officers are trained to administer
the walk-and-turn test on a hard, dry, and non-slippery
surface, and in a well illuminated area. Officers
are also instructed that people more than 60 years
old, over 50 pounds overweight, or with physical
impairments that affect their balance should not
be given the test. Officers are taught that a
straight line that the suspect can see must be
used, and to remain motionless and stand three
to four feet away from the suspect during the
test. Last, officers are trained that individuals
wearing heels more than two inches high should
be given an opportunity to remove their shoes.
ONE LEG STAND
There are two stages to the one-leg-stand test:
(1) the instruction or attention stage, and (2)
the balancing and counting stage. In the instruction
stage, the suspect must stand with his feet together
with his arms at their sides. The subject is instructed
to stand with one foot of his choice approximately
six inches off the ground, hands to the side,
and count aloud by thousands (One thousand-one,
one thousand-two, etc.) while looking at the elevated
foot until told to put the foot down. This is
a timed test, for 30 seconds.
The officer is trained to look for four clues
of impairment:
(1) swaying while balancing (a noticeable sway
in a side to side or back and forth motion),
(2) using arms to balance (arms must raise from
sides more than six inches),
(3) hopping to maintain balance, and
(4) putting the foot down.
Just two mistakes or clues indicate a
failure. Like the walk-and-turn test,
officers are trained to administer the one-leg-stand
test on a hard, dry, and non-slippery surface,
and in a well illuminated area. Officers are also
instructed that people more than 60 years old,
over 50 pounds overweight, or with physical impairments
that affect their balance should not be given
the test. Officers are also instructed to remain
motionless during the test and stand three feet
away from the suspect. Last, officers are trained
that individuals wearing heels more than two inches
high should be given an opportunity to remove
their shoes.
DISCLAIMER
This information is an overview of the basics
of the SFSTs, and certainly does not cover all
of the specifics of standardized field sobriety
testing. Any questions regarding the proper administration
or scoring of SFSTs can only be answered after
a careful review of the facts of your case, specifically
the police report and videotapes. The preceding
information is provided for informational purposes
only and is not legal advice. Any questions regarding
of standardized field sobriety testing, Texas
law or the rights of DWI suspect should be directed
to a licensed Texas attorney provided with the
defendant's specific fact situation.
ENHANCEMENT ALLEGATIONS
There are enhancement allegations, that is additional
facts in a particular case, that cause the punishment
for the offense to be increased. Some common DWI
enhancements are:
· Enhancements for repeat offenders
· 2nd offense = Class A misdemeanor, ignition
interlock device, additional DL suspension for
conviction, 5 days minimum confinement as condition
of probation
· 3rd offense = 3rd degree felony (2-10
prison), ignition interlock device, additional
DL suspension for conviction, 10 days minimum
confinement as condition of probation
· Second felony DWI = 2nd degree felony
(2-20 prison), ignition interlock device, additional
DL suspension for conviction,
· Third felony DWI = 25-99 years or life
in prison
· Intoxication assault = 3rd degree felony,
additional DL suspension for conviction, 30 days
minimum confinement as condition of probation
· Intoxication manslaughter = 2nd degree
felony, additional DL suspension for conviction,
120 days minimum confinement as condition of probation
· 1st offense + minor = ignition interlock
device, additional 90 day DL suspension for conviction
· 1st offense + open container = six days
minimum confinement
· 1st offense + 0.15 BAC = ignition interlock
device
· 1st offense + child under 15 in vehicle
= state jail felony (180 days - 2 years)
SO, WHAT DO YOU DO IF YOU ARE A DWI
SUSPECT?
· Whether you answer questions from the
officer is up to you, but the less said the better.
However, always identify yourself, produce your
drivers license, insurance, etc. Failure to ID
is a crime.
· Whether you do field sobriety tests is
up to you, if you pass you will be released, but
if you refuse all tests, you are likely to be
arrested, even if you are not intoxicated.
· Whether you give a sample of your
breath, blood or urine is up to you, but I
don’t generally recommend it unless you
have had little to no alcohol to drink. Note that
your drivers license can be suspended for refusing
to give a sample of your breath, blood or urine
(see below).
· Make an unequivocal request for an attorney.
Do it as soon as you are arrested.
· Be polite and respectful, no matter what.
EVERYTHING that you say or do on the video is
going to be used against you. Make sure that you
behave in a polite and sensible manner. The officers
are generally very professional, and they would
not do anything to hurt you.
· Do not waive your rights to remain silent
or consent to a search.
WHAT ABOUT MY DRIVERS LICENSE?
After being read the Statutory Warning
(see Periods of Suspension below) that
contains the consequences for failing or refusing
to give a sample of your breath or blood, the
driver is asked to submit to a chemical test to
measure his/her alcohol concentration at the jail
(or mobile breath alcohol testing bus (“BAT
BUS”)). Usually, the individual is asked
to take a breath test, although the officer may
request a blood specimen or both breath and blood.
If the driver (1) refuses to provide a specimen,
or (2) provides a specimen with an alcohol concentration
greater than 0.08, or (3) is a minor and provides
a specimen with a detectable amount of alcohol
or has a detectable amount of alcohol in their
body as determined by other means (generally beer
breath or admission of drinking), the officer
is going to confiscate the drivers license immediately
and issue a document called “Notice
of Suspension and Temporary Driving Permit”.
This permit is valid for 40 days, unless you request
a hearing to contest the suspension of your license,
in which case it is valid until the judge makes
a decision in your case. This process is called
Administrative License Revocation.
You must request
an administrative license revocation (“ALR”)
hearing within 15 days of your Notice of Suspension.
This is critical that you do so!!!
If you do not make the request within 15 days
you waive your right to a hearing.
An ALR hearing is critical to the defense
of your DWI case. I strongly disagree with any
attorney who tells you otherwise. It is very important
to your case for the following reasons:
· You might win your case, and not suffer
a license suspension. You will save hundreds of
dollars for reinstatement fees and costs associated
with getting an occupational drivers license.
· An ALR hearing is a great opportunity
to cross-examine the arresting officer prior to
trial. I cannot tell you how many DWI cases have
had positive outcomes due to facts learned about
a case at an ALR hearing. Anything the officer
says at the ALR hearing is admissible in the criminal
trial, and they generally come unprepared to testify.
Adults
If the driver failed the breath
or blood test, the Administrative Law Judge (“ALJ”)
must determine whether (1) the person had an alcohol
concentration of 0.08 or greater while operating
a motor vehicle in a public place; and (2) reasonable
suspicion to stop or probable cause to arrest
the person existed.
If the driver refused to submit
to a chemical test, the ALJ must determine whether
(1) reasonable suspicion or probable cause existed
to stop or arrest the person; (2) probable cause
existed to believe that the person was operating
a motor vehicle in a public place while intoxicated
or operating a watercraft powered with an engine
having a manufacturer's rating of 50 horsepower
or more while intoxicated; (3) the person was
placed under arrest by the officer and was requested
to submit to the taking of a specimen; and (4)
the person refused to submit to the taking of
a specimen on request of the officer.
Under 21 Years of Age
If a chemical test was not requested or if the
driver provided a specimen with any detectable
amount of alcohol, the ALJ must determine
whether: (1) the person is a minor and had any
detectable amount of alcohol in the minor's system
while operating a motor vehicle in a public place;
and (2) whether reasonable suspicion to stop or
probable cause to arrest or take the minor into
custody existed.
If the driver refused to submit
to a chemical test, the ALJ must determine whether:
(1) reasonable suspicion or probable cause existed
to arrest or take the minor into custody; (2)
probable cause existed to believe that the minor
was operating a motor vehicle in a public place
while intoxicated or while having any detectable
amount of alcohol in the minor's system or operating
a watercraft powered with an engine having a manufacturer's
rating of 50 horsepower or above while intoxicated;
(3) the minor was placed under arrest or taken
into custody and was requested to submit to the
taking of a specimen; and (4) the minor refused
to submit to the taking of a specimen on request
of the officer.
Periods of Suspension
Adults
· Refused to provide a specimen - 180
days, or
· 2 years if previously suspended for failing
or refusing a specimen test or previously suspended
for a DWI, Intoxication Assault or Intoxication
Manslaughter conviction during the 10 years preceding
the date of arrest.
· Provided a specimen with an alcohol
concentration of 0.08 or greater - 90 days, or
· 1 year if previously suspended for failing
or refusing a specimen test or previously suspended
for a DWI, Intoxication Assault or Intoxication
Manslaughter conviction during the 10 years preceding
the date of arrest.
Under 21 Years of Age
· Refused to provide a specimen - 180
days
· 2 years if previously suspended for failing
or refusing a specimen test or previously suspended
for a DWI, Intoxication Assault or Intoxication
Manslaughter conviction during the 10 years preceding
the date of arrest.
· Provided blood or breath specimen with
an alcohol concentration of 0.08 or greater, (or
any detectable amount of alcohol) or was not requested
to provide a specimen following an arrest for
Driving Under the Influence of Alcohol by Minor
or DWI, Intoxication Assault or Intoxication Manslaughter
involving the operation of a motor vehicle:
· 60 days first offense
· 120 days if previously convicted for
Driving Under the Influence of Alcohol by Minor
or DWI, Intoxication Assault or Intoxication Manslaughter
· 180 days if previously convicted twice
or more for Driving Under the Influence of Alcohol
by Minor or DWI, Intoxication Assault or Intoxication
Manslaughter.
I lost my license, what do I do now,
I need to drive?
TEXAS OCCUPATIONAL DRIVER LICENSE
What is an occupational license?
An occupational drivers license (“ODL”)
is a restricted license issued to persons whose
license has been suspended or revoked for a variety
of offenses (other than medical reasons or delinquent
child support). An ODL authorizes the operation
of a non-commercial motor vehicle for a person’s
occupation, for educational purposes or in the
performance of essential household duties. Petitions
for such licenses are filed to the county or district
court in the county of the person’s residence
or to the court where the offense was filed.
Is the court order the ODL?
No, this is the order granting the ODL. Within
30 days from the signing of the ODL order, a certified
copy of the court order and all other required
items (SR-22, $10 ODL fee, and $125 reinstatement
fee) need to be submitted to the Texas Department
of Public Safety (DPS) in Austin at 5605 North
Lamar so an ODL can be issued. A certified copy
of court order may be used as a license for 30
days from the date of the judge’s signature
while DPS processes the ODL.
Can you drive a commercial motor vehicle with
an ODL?
Absolutely not.
Can a minor get an ODL?
While possible, it is highly unlikely due to
the cost, waiting periods, and the local judges’
decision not to exercise their discretion to issue
an ODL to minors.
What are the requirements for the occupational
license?
· The certified copy of the petition and
a certified copy of the court order granting the
occupational license.
· An original pink SR-22 certificate of
insurance.
· An occupational license fee, usually
$10.00.
· Any statutory reinstatement fees required
by the Department of Public Safety, usually the
ALR reinstatement fee, $125.00.
But wait, it gets worse! A lot worse. Those convicted
of DWI have the Driver Responsibility Act to deal
with.
DRIVER RESPONSIBILITY
ACT
The Driver Responsibility Act (Transportation
Code Chapter 708) establishes a system which assigns
points to moving violations classified as Class
C misdemeanors and applies surcharges (a ridiculous
term the government uses to fine people twice
for the same offense in violation of the Double
Jeopardy clauses of US and Texas Constitutions)
to persons convicted of certain offenses, based
upon the type of offense and the time period in
which the citation was received. For each conviction,
DPS will assign points or surcharges to a person’s
driver license.
Annual surcharges for certain convictions
Drivers who receive a conviction for any of the
following offenses that occur on or after September
1, 2003 are required to pay an annual surcharge
for three years from the date of conviction.
Driving While Intoxicated (DWI), or a
DWI-related offense
· First Conviction - $1,000 annual surcharge
· Second Conviction within three years
of first - $1,500 annual surcharge
· Any Conviction with a BAC of 0.16 or
greater - $2,000 annual surcharge
Failure to Maintain Financial Responsibility
· $250 annual surcharge
Driving While License Invalid
· $250 annual surcharge
Driving without a Valid License
(i.e.; No Driver License, No Commercial Driver
License, No Endorsement Violation, No Motorcycle
License, Operate with License for other Class
Vehicle).
· $100 annual surcharge
Points system
• Two points for a “moving violation”
(defined by 37 TEX. ADMIN. CODE §15.89) conviction
in Texas or that of another state. The litany
of offenses for which one might accrue points
can be seen here.
• Thankfully, points will not be assigned
for speeding less than 10% over the posted limit
or for seat belt convictions. Always wear your
seat belt!
• Three points for a moving violation that
resulted in a motor vehicle accident.
• Child safety seat violations will accrue
two points. Always secure your child in a safety
seat!!!
Points surcharges
DPS will assess a surcharge when the driver accumulates
a total of six points or more on their record
during a three-year period. The driver must pay
a $100 surcharge for the first six points and
$25 for each additional point. Points accrued
remain on the driver record for a period of three
years from conviction date.
Driver notification of surcharge and driver
license suspension
The driver will be notified by mail to
the address on record with DPS of the assessment
of a surcharge on their driver license.
The notice will state the surcharge must be paid
within 30 days to prevent the suspension of the
driver license. Failure to change your
address could mean you don’t get the notice,
and get arrested for Driving While License Suspended.
Upon suspension of the license for failure to
comply with the surcharge requirements, the license
remains suspended until the person establishes
an installment agreement, or pays in full all
surcharges and related costs, such as service/collection
fees. Individual's establishing an installment
agreement will receive monthly reminders with
a payment coupon indicating the amount due. If
you miss an installment payment, the balance due
is accelerated and you can’t get back on
an installment agreement. Ironically, DPS won’t
let you pay the surcharge in full (all 3 years)
and be done with it. You want to give them money
and they won’t accept it. Why, I can’t
imagine…….that’s DPS for you.
Go figure.
DWI AND COMMERCIAL
DRIVER'S LICENSES (CDL)
If you hold a Commercial Driver¹s License
(CDL) the laws in Texas have dramatically changed
for you. In order to comply with the Federal Motor
Carrier Improvement Act, Texas has amended the
penalties for CDL holders who get a first or subsequent
DWI, even if a non-commercial vehicle
was used during the DWI.
If you are convicted of a DWI-1st offense and
you have a CDL, in addition to the penalties you
will receive under the DWI statute, you will also
lose your CDL for a minimum of one year. The same
goes for leaving the scene of an accident, using
a motor vehicle in the commission of a felony,
causing the death of another person through the
negligent or criminal operation of a motor vehicle,
driving a commercial motor vehicle while the person's
commercial driver's license is revoked, suspended,
or canceled, for refusing to submit to a test
to determine the person's alcohol concentration
or the presence in the person's body of a controlled
substance or drug while operating a motor vehicle
in a public place; or if an analysis of the person's
blood, breath, or urine shows an alcohol concentration
of 0.04 or more, or that a controlled substance
or drug was present in the person's body, while
operating a commercial motor vehicle in a public
place; or an alcohol concentration of 0.08 or
more while operating a motor vehicle, other than
a commercial motor vehicle, in a public place.
The suspensions are three years if the vehicle
being operated by the person was transporting
a hazardous material required to be placarded.
A person is disqualified from driving a commercial
motor vehicle for life if the person is convicted
two or more times of an offense specified above
or a combination of those offenses, arising from
two or more separate incidents; if the person
uses a motor vehicle in the commission of a felony
involving the manufacture, distribution, or dispensing
of a controlled substance; or possession with
intent to manufacture, distribute, or dispense
a controlled substance; or for any combination
of two or more of the above, arising from two
or more separate incidents. If you lose your CDL
for life, you may apply for it to be reinstated
after 10 years.
Out of state convictions can also trigger this
provision. If you are convicted of a DWI in another
state, the state will report the conviction to
Texas.
If a person is disqualified under this law, the
disqualification may not be probated.
A person who is disqualified from operating a
commercial motor vehicle may not be granted an
essential need or occupational driver’s
license that would authorize operation of a commercial
motor vehicle.
TEXAS RESTRICTED INTERLOCK LICENSE
A restricted interlock license
authorizes the person to operate a motor vehicle
equipped with an ignition interlock device.
An ignition interlock device
is a breath alcohol analyzer that is connected
to a motor vehicle ignition. In order to start
the motor vehicle engine, a driver must blow a
breath sample into the analyzer that measures
alcohol concentration. If the alcohol concentration
exceeds the startup set point on the interlock
device, the motor vehicle engine will not start.
Typically, this is a condition of bond
for persons charged with subsequent DWI offenses.
It is also required for those who are arrested
for DWI and have an alcohol concentration
greater the 0.15. It is also required
of those who are convicted of subsequent
DWI offenses, and minors who
are placed on probation for DWI.
On receipt of notice from the court that a person
has been restricted to the use of a motor vehicle
equipped with an ignition interlock device, the
Texas Department of Public Safety (DPS) shall
send notice that the driver license expires on
the 30th day after the date of the notice.
On application by the person and payment of the
required fee, the Texas Department of Public Safety
(DPS) shall issue a special restricted license
that authorizes the person to operate a motor
vehicle equipped with an ignition interlock device.
A restricted license will not be issued if the
driver license is expired or suspended or if the
individual has not paid the required reinstatement
fees.
The interlock is required until the Texas Department
of Public Safety (DPS) receives a court order
removing the restriction. |