Texas Code of Criminal Procedure - Article 17.441. Conditions Requiring Motor Vehicle Ignition Interlock
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Texas Laws > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 17.441. Conditions Requiring Motor Vehicle Ignition Interlock
Article: 17.38 17.39 17.40 17.41 17.42 17.43 17.44 17.441 17.45 17.46 17.47 17.48 18.01 18.02 18.021
Art. 17.441. CONDITIONS REQUIRING MOTOR VEHICLE IGNITION
INTERLOCK. (a) Except as provided by Subsection (b), a magistrate
shall require on release that a defendant charged with a subsequent
offense under Sections 49.04-49.06, Penal Code, or an offense under
Section 49.07 or 49.08 of that code:
(1) have installed on the motor vehicle owned by the
defendant or on the vehicle most regularly driven by the defendant,
a device that uses a deep-lung breath analysis mechanism to make
impractical the operation of a motor vehicle if ethyl alcohol is
detected in the breath of the operator; and
(2) not operate any motor vehicle unless the vehicle is
equipped with that device.
(b) The magistrate may not require the installation of the
device if the magistrate finds that to require the device would not
be in the best interest of justice.
(c) If the defendant is required to have the device
installed, the magistrate shall require that the defendant have the
device installed on the appropriate motor vehicle, at the
defendant's expense, before the 30th day after the date the
defendant is released on bond.
(d) The magistrate may designate an appropriate agency to
verify the installation of the device and to monitor the device. If
the magistrate designates an agency under this subsection, in each
month during which the agency verifies the installation of the
device or provides a monitoring service the defendant shall pay a
fee to the designated agency in the amount set by the magistrate.
The defendant shall pay the initial fee at the time the agency
verifies the installation of the device. In each subsequent month
during which the defendant is required to pay a fee the defendant
shall pay the fee on the first occasion in that month that the
agency provides a monitoring service. The magistrate shall set the
fee in an amount not to exceed $10 as determined by the county
auditor, or by the commissioners court of the county if the county
does not have a county auditor, to be sufficient to cover the cost
incurred by the designated agency in conducting the verification or
providing the monitoring service, as applicable in that county.
Added by Acts 1995, 74th Leg., ch. 318, Sec. 45, eff. Sept. 1, 1995.
Amended by Acts 1999, 76th Leg., ch. 537, Sec. 1, eff. Sept. 1,
Last modified: August 11, 2007