Early Removal of Deep Lung Device (Ignition Interlock Device)

By Allen, Texas Criminal Defense Lawyer Kyle T. Therrian
Office Number: (972) 562-7549
24 Hr Jail Release: (214) 403-6522

Our State legislature has been particularly creative when it comes to punishing people convicted of, or in some cases merely suspected of, Driving While Intoxicated. One such legislative creation is the ignition interlock device (also known as a deep lung device). If you are wondering how to get this device off, you probably don’t need much explanation of how it got there in the first place, regardless, you can click HERE to see when an ignition interlock device is required by law.

Early removal of the device may be an issue of the judge’s discretion and it will depend on what circumstance led to the condition that the device be installed on your vehicle. For example, Tex. Code. Crim. P. 17.441 requires the judge to order an ignition interlock device as a condition of bond on second or subsequent DWIs and does not give discretion to the judge to remove it at a later date. However, Tex. Code. Crim. P. 42.12 Section 13(i), which also requires the judge to order installation of the device in certain cases as a condition of bond, also gives the judge discretion to have the device removed after 50% of the probation period has been served. There are also many other scenarios where the judge is not required to order the ignition interlock by law but may do so–such an order is also subject to a request for early removal.

So, if the judge has discretion to remove the device, it is important to present a case that persuades him or her to exercise his discretion in your favor, i.e. to remove the device. This means that the road to early removal requires a hearing before the judge. If a judge is willing to consider early removal, the focus will almost always be on the records that are generated by the device. A history of good test results should be the basis of any request, but the records don’t always speak for themselves (as they should). A cynical probation officer or monitoring personnel can, and have, attempted to spin perfect test results as deceptive behavior by the probationer or even the most minor failures as proof of alcohol consumption.

Even with good test records, early removal can’t be guaranteed. This is why consulting an attorney before making the request is important. An attorney can evaluate the likelihood of removal and then help present a case for early removal of the ignition interlock device.

*Kyle Therrian is an attorney licensed to practice in the State of Texas. Nothing in this article is intended to be legal advice. For legal advice on any case you should contact an attorney directly.

Speak Your Mind