While Texas is busy preparing for stricter car breathalyzer requirements for DWI offenders, there are still some who may fall through the cracks after a conviction: offenders who don’t own their own vehicle. Using a car breathalyzer or ignition interlock requires a few things, like a court order and the ability to install the device on a vehicle, and if an offender doesn’t own a vehicle, they may have a hard time fulfilling that part of their DWI consequences. But, the law is the law, and even without a vehicle you could still have the car breathalyzer requirement. What gives?
There are a lot of scenarios that require a car breathalyzer for a Texas DWI, even if the offender does not own a vehicle. The entire conviction is based upon a person who was caught driving while intoxicated, which is a clear indication that they have access to a vehicle, even if that vehicle isn’t owned by the offender. Essentially, a car breathalyzer requirement says that the DWI offender cannot legally drive ANY vehicle that does not have the device installed. So, if the offender without his or her own car is caught in another DWI, the court can take it all into consideration – the lack of a car breathalyzer, driving on a suspended license, and the new DWI itself. Not owning a vehicle is no excuse for continuing to drink and drive, even if it isn’t your car. That’s why you have the car breathalyzer requirement.
The bottom line is that if you have a car breathalyzer requirement in Texas as a result of your DWI, you need to follow the rules so that you don’t have to face further consequences and continue to put the lives of others at risk. A car breathalyzer is your best chance for moving past a DWI, but if you don’t use it, you could lose a lot more than just that chance.
Just the Facts, Ma’am: What Does a Car Breathalyzer Detect?