New Technology May Change the Way Texas DWI Offenders are Monitored

July 13, 2012

If you are convicted of driving while intoxicated in Texas, the court may require you to install and maintain an ignition interlock device in your vehicle for up to six months if you are a first-time offender. If you have previous drunk-driving convictions, or have caused an accident due to drunk driving, the court is required by law to order the installation of an IID your vehicle. The court may also order you to abstain from using alcohol or other mood-altering substances altogether as a condition of your probation.

Terms of Probation

To ensure they follow their probation terms, DWI offenders are assigned probation officers, who may require random alcohol testing. Close supervision of DWI offenders is essential in preventing recidivism. However, probation departments across the state are being stretched by decreasing budgets and increasing client loads. As such, quality supervision is becoming more difficult.

The Soberlink

To combat this problem, probation officers are embracing new technologies that allow them to efficiently (and effectively) keep tabs on their clients. A new generation of portable Breathalyzers combine the function of ignition interlocks, the utility of GPS devices and the convenience of smartphones. One such device, the Soberlink, enables probation officers to administer tests and learn offenders' locations at any time. The device can also take a user's picture, and the built-in GPS device provides the location of where the test was taken. Like most smartphones, the Soberlink can receive text-message reminders for testing and can be synced to a computer for real-time testing reports. Offenders can also have access to a web portal with detailed instructions.

Only a handful of Texas law-enforcement agencies currently use Soberlink, as it was first introduced in Nueces County in April 2012. But as law-enforcement agencies look for more efficient ways to monitor offenders, Soberlink could see widespread use.

Portable Breathalyzers Not Perfect

Despite these conveniences, portable Breathalyzers are notoriously inaccurate, and the jury is still out on the Soberlink. Handheld Breathalyzers can have error rates of up to .05 percent and readings can be affected by a number of factors. Substances in (or around) a person's mouth, such as mouthwash or lip ointment, can lead to flawed results. Chemicals found in household paint and varnish can also affect the results if the user was recently exposed to these materials prior to testing. Further, portable Breathalyzers could be improperly calibrated, and blowing too fast may lead to inaccurate results.

Probation-Agreement Violations May Have Severe Consequences

Nevertheless, offenders must comply with alcohol monitoring requirements if they are ordered by the court. After all, they risk violating their probation agreements if they refuse to take their assigned Breathalyzer tests. In these circumstances, breath-test refusals can lead to more than just license suspensions. In fact, probation violations could result in tougher testing requirements, where the offender has to report (in person) for regular tests, as well as possible jail time.

Understand Your Options

If alcohol monitoring or random testing is part of your probation terms, it is important to understand your rights and options, as well as the consequences for noncompliance. More probation departments are using these tests to determine if further testing (or closer monitoring) is necessary, and to see if an offender is following his or her probation terms. If you have questions about your probation or a potential violation based on Breathalyzer results, an experienced criminal defense attorney can advise you.

Article provided by Law Offices of Randall B. Isenberg
Visit us at www.randallisenberg.com