Driving While Intoxicated Case Law Update - Texas District ...

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Consume no alcoholic beverages;
Report in person to the pretrial release supervising officer (hereinafter "superuising officer')
of the Grayson County Community Supervision and Corrections Department, beginning on
the date of this order, and one time per month thereafter;
Pay a monthly superuisory fee in the amount of $20.00 to the Grayson County Community
Superuision and Corrections Department;
Remain within Grayson County, Texas, unless express permission to leave said county is
granted by the superuising officer or by the Court;
Submit a specimen of breath or blood as directed from time totime bythe supervising officer
for the detection of alcohol in the defendant's body and pay any and allfees associafed
therewith;
Operate no motor vehicle with any detectable amount of alcohol in the defendant's body;
Submit a specimen of breath or blood for analysisto determine the alcohol concentration in
the defendant's body upon the request of any peace officer as authorized by law;
Have installed on the motor vehicle owned by the defendant, or on the vehicle most regularly
operated by the defendant, an ignition interlock device, approved by the lexas Department
of Public Safety, fhaf uses a deep lung breath analysis mechanism to make impracticalthe
operation of a motor vehicle if ethyl alcohol is detected in the breath of the operator. Such
device shall be installed on the appropriate vehicle, at the defendant's expense, within 30
days from the date of this order;
Provide proof of installation of such ignition interlock device to the superuising officer on or
before the 3dh day after the date of this order; and
Operate no motor vehicle that is not equipped with an ignition interlock device.
XXXI. INTERLOCK DEVICES
A. AS A PRE-TRIAL BOND CONDITION
Ex Parte Elliot, 950 S.W.2d714 (Tex.App.-Fort Worth 1997, pet. ref'd).
Court held that 17.441 r's nof unconstitutional, and that the judge did not abuse his discretion in
ordering an interlock device as a condition of bond in this case.
B. AS A CONDITION OF PROBATION
State v. Lucero, 979 S.W.2d 400 (Tex.App.-Amarillo 1998, no pet.).
A trial court may waive (as a condition of probation) the installation of a deep lung device under
Afticle 42.12, Secfibn 13 (0, upon making a finding that to do so would not be in the "best interest
of justice."
C. AS PROOF OF PROBATION VIOLATION
Kavlor v. State, I S.W.3d 205 (Tex.App.-San Antonio 1999, no pet.).
In this case, the State proved a defendant had violated the probation condition that he not consume
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