Transportation Code · Art. 17.441

Ignition Interlock Required Conditions of Bond

Ignition Interlock Required Conditions of Bond (Art. 17.441): key points and worked practice questions for Texas peace officer exam preparation.

Key points

  • Bond: subsequent §49.04/49.05/49.06/49.061 charge, or §49.045, 49.07, 49.08 (art. 17.441(a))
  • Not required if not in the best interest of justice (art. 17.441(b))
  • Device installed at the defendant's expense before the 30th day after release (art. 17.441(c))

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Worked examples

Worked example 1

An Ignition Interlock Device (IID) is required by §17.441 / §521.246 for:

  1. All drivers in Texas
  2. Defendants released on bond for a subsequent DWI-type charge or for DWI with a child passenger, intoxication assault, or intoxication manslaughter; and holders of an occupational license after a DWI-type conviction Correct
  3. First-time speeders
  4. All license renewals
Why: Art. 17.441(a): a magistrate shall require an IID on release for a defendant charged with a subsequent offense under Penal Code §49.04, 49.05, 49.06, or 49.061, or an offense under §49.045, 49.07, or 49.08, unless the magistrate finds it would not be in the best interest of justice (art. 17.441(b)). §521.246(a): a judge granting an occupational license restricts the person to an IID-equipped vehicle if the license was suspended, revoked, or canceled after a §§49.04–49.08 conviction, subject to waiver under §521.246(b-1).
Statute: Tex. Code Crim. Proc. art. 17.441; Tex. Transp. Code §521.246

Statutory definitions for this topic

Ignition Interlock Device (IID) Tex. Code Crim. Proc. art. 17.441; Tex. Transp. Code §521.246
A breath-alcohol device that makes operating the vehicle impractical if alcohol is detected. A magistrate must require one on release for a subsequent offense under Penal Code §49.04, 49.05, 49.06, or 49.061, or any offense under §49.045 (DWI with child passenger), 49.07, or 49.08, unless it would not be in the best interest of justice (art. 17.441). Also required, subject to waiver, for an occupational license after a §§49.04–49.08 conviction (§521.246).