Ignition interlock requirements in Texas

Texas can order a device three ways — as a bond condition, as part of an occupational license, or on a finding of good cause. The occupational-license route is where the SR-22 comes in: the petition is not complete without it.

Three doors to an interlock in Texas

Texas reaches the device from three different statutes, each with its own trigger. A driver can meet all three in one case.

As a condition of bond

Before any conviction, a magistrate “shall require on release” that a defendant charged with a subsequent intoxication offense under Penal Code sections 49.04, 49.05, 49.06 or 49.061 — or with an offense under 49.045, 49.07 or 49.08 — have a device installed on the vehicle they own or most regularly drive, and not drive anything without one. Installation is at the defendant's expense and must happen “before the 30th day after the date the defendant is released on bond.” The magistrate may decline only on a finding that a device would not serve what the article calls the “best interest of justice.” Where the magistrate names an agency to verify and monitor the device, the defendant pays that agency a monthly reimbursement fee set by the magistrate, starting when installation is verified.

As a condition of an occupational license

The occupational driver's license is how a suspended Texas driver keeps driving for essential needs, and it is where the device is most often imposed. The judge “shall restrict the person to the operation of a motor vehicle equipped with an ignition interlock device” if the person is already under a device order — including a bond condition — or if the license was suspended after a conviction under Penal Code sections 49.04 to 49.08. The court may waive it if the device is not necessary for community safety and a waiver is in the interest of justice.

On a finding of good cause

In any other occupational-license case, the judge may still impose a device on a finding of good cause.

The SR-22 is part of the petition

Texas joins the device and the insurance filing in the same document. A petition for an occupational license must “provide evidence of the petitioner's financial responsibility in accordance with Chapter 601” — the chapter whose certificate is the Texas SR-22. No filing, no complete petition; no petition, no occupational license; and no occupational license, no lawful driving with or without a device.

The certificate certifies 30/60/25 — $30,000 per person / $60,000 per accident / $25,000 property damage. Its period runs on its own clock, described on the Texas SR-22 page, and does not end when the device comes off.

What the occupational license allows

The court's order spells out the hours, the reasons, the routes, whether a device is required, and any testing, counseling or supervision. It also caps driving time: “the person may not operate a motor vehicle for more than four hours in any 24-hour period,” unless the court allows up to 12 hours on a showing of necessity. The license lasts until the end of the suspension.

Supervision while you hold it

The court may also order the license holder supervised to check compliance with the order — by the local community supervision and corrections department, which carries a monthly fee set elsewhere in Texas law, or by a personal bond office, which may charge $25 to $60 a month. Supervision can continue to the end of the suspension, including any extension, and the court may end it early for good cause.

The restricted license card: 30 days and $10

Once the department is told a person has been restricted to a device-equipped vehicle, it notifies the person that their license expires on the 30th day after the notice. On application and payment of $10, the department issues a special restricted license that conspicuously says the holder may drive only a vehicle with a device. At the end of the suspension, or on a court order removing the restriction, an unrestricted license is issued.

Paying for the device

The person obtains the device at their own expense unless the court finds that would not be in the interest of justice and records the finding. Where the person cannot pay, the court may set a payment schedule for a term not exceeding twice the period of the order. The device stays installed for the period of suspension unless the court finds good cause to remove it and that it is not needed for community safety.

Driving an employer's vehicle

The occupational-license section allows driving an employer-owned vehicle without a device in the course of employment, if the employer is not owned or controlled by the restricted person, the employer has been told of the restriction, and proof of that notice is kept with the vehicle.

What the vendor owes you

Texas sets minimum standards for interlock vendors by rule, and the statute lists what those standards must require: authorization to do business, approved devices only, liability insurance, installation within a reasonable time after a court order — and repair or replacement “not later than 48 hours after receiving notice of a complaint.” A device that fails is the vendor's problem on a clock.

What this page does not cover

Penal Code chapter 49's offense levels, community-supervision terms and administrative license revocation are in provisions this site has not read for this page. Device prices are set by vendors, not by statute.

Common questions