(a) Subject to Subsection (b-1), the judge shall restrict the person to the operation of a motor vehicle equipped with an ignition interlock device if:
(1) the person is currently under an order restricting the person to the operation of a motor vehicle equipped with an ignition interlock device, including an order imposed as a condition of bond; or
(2) the person’s license has been suspended, revoked, or canceled after a conviction for an offense under Sections 49.04-49.08, Penal Code.
(b) On a finding of good cause, the judge may restrict the person to the operation of a motor vehicle equipped with an ignition interlock device in a case not described by Subsection (a).

Terms Used In Texas Transportation Code 521.246

  • Conviction: A judgement of guilt against a criminal defendant.
  • Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005

(b-1) The court may waive the ignition interlock device requirement under Subsection (a) if the court finds the requirement is not necessary for the safety of the community and the waiver is in the best interest of justice.
(c) The person shall obtain the ignition interlock device at the person’s own expense unless the court finds that to do so is not in the best interest of justice and enters that finding in the record. If the court determines that the person is unable to pay for the device, the court may impose a reasonable payment schedule for a term not to exceed twice the period of the court’s order.
(d) The court shall order the ignition interlock device to remain installed for the duration of the period of suspension, unless the court finds:
(1) good cause for the removal of the device; and
(2) the device is not necessary for the safety of the community.
(e) A person to whom this section applies may operate a motor vehicle without the installation of an approved ignition interlock device if:
(1) the person is required to operate a motor vehicle in the course and scope of the person’s employment;
(2) the vehicle is owned by the person’s employer;
(3) the employer is not owned or controlled by the person whose driving privilege is restricted;
(4) the employer is notified of the driving privilege restriction; and
(5) proof of that notification is with the vehicle.

  Previous section
Next section  
 Subchapter L Contents