Anyone have any suggested language for the interlock device as a condition of probation for a first DWI with a BAC of over .15?
All suggestions would be appreciated.
Mike Hartman
scurryca@snydertex.com
Fax: 325-573-1266

Here's one version.

___31. Ignition Interlock. (Test result of 0.15 or more or DWI 2nd or more) During the first one-half of your supervision period, do not operate a motor vehicle without an ignition interlock device approved by the DPS; allow your CSO to inspect your vehicle upon request.

This is kind of out of my leage--I don't write terms of probation. But shouldn't the provision also make it clear that tampering with the interlock device is prohibited, and that the device is subject to regular inspection, etc.

Just a thought.

Janette Ansolabehere
DPS Office of General Counsel

Our CS dept. goes all out on these:

The defendant shall have a deep-lung breath analysis ignition mechanism to make impractical the operation of a motor vehicle if ethyl alcohol is detected in the breath of the Defendant installed in any vehicle operated by the defendant, effective ____________, for a period of ____ months. The defendant will not adjust, tamper, circumvent the deep-lung breath analysis mechanism installed or the electrical wiring to the mechanism, or the ignition system, nor remove the unit from any vehicle operated by the defendant. The defendant shall report to the vendor of said deep-lung breath analysis ignition mechanism not more than every 60 days to have monitoring checks and report performance by the mechanism vendor. The defendant will abide by all policies and procedures of the vendor of said deep-lung breath analysis ignition mechanism and make timely appointment in advance of the due dates. The defendant shall be responsible for all related costs of the installation, operation and lease of said deep-lung breath analysis ignition mechanism installed in vehicles operated by defendant.

We have had no complaints with this condition as worded as far as I am aware.

Thanks for all the responses....I was asking because the probation department said there were many different wordings used throughout the state, from the simple to the involved and I'm finding that to be true. Trying to figure out what will work the best for us.

Here is the language from our probation judgments:

The defendant shall not operate any motor vehicle during the period of his/her community supervision unless that vehicle is equipped with an Ignition Interlock System and the defendant shall pay all costs of said program and installation. Moreover, the defendant shall have the ignition interlock installed in the subject vehicle by ____________________, 20___ and shall abide by the provisions of the Ignition Interlock Program, as follows:
1. The defendant will only operate a vehicle equipped with an Ignition Interlock device.
2. The defendant will not attempt to adjust, tamper with, or circumvent the Ignition Interlock System installed or the electrical wiring to the unit, or the ignition system nor remove the unit from the designated vehicle.
3. The defendant will have unit calibration and report preparation performed at sixty (60) day intervals. Any non-compliances will be reported directly to the Court and/or Community Supervision and Corrections Department.
4. The defendant will make all appointments for monitoring at least seven (7) days in advance of the due date.
5. The defendant agrees to abide by the rules of the Ignition Interlock Program.
6. The defendant will make an appointment for installation within 24 hours of sentencing by calling (800)880-3394.

What if the guy needs to operate a rental car? Like if he makes an out-of-town trip or if his car is in the shop?

Or, like me, he just owns only a motorcycle? What do you do then?

He takes a cab.

We had the same question about a motorcycle. I'm thinking that operating a 2 wheeled vehicle that requires balance, under the influence of alcohol, will, in time, have its own negative consequences. Road rash comes to mind and although I have never tried to drive a motorcycle while intoxicated....it seems it might be difficult!
I think I will use some generic language in addition to the specific that prohibits the operation of any vehicle that is not so equiped.

You're probably right. While I have not driven a bike while drunk (or anywhere close to it), I have ridden while pretty tired once. But I did not stay tired long because I got scared awake after drifting off for a few seconds! Nothing like a good, solid blast of adrenaline to chase the Sand Man away!!