Adding IID After Blood Results Come Back

In a Travis County DWI case where the police have taken a blood sample, prosecutors will review the blood alcohol content (BAC) once the lab results are available. If the BAC exceeds .15, they will request the Judge to add an Ignition Interlock Device (IID) to the defendant's bond conditions, a request that Judges almost always approve.

FAQs

Q: Why is the Judge adding (or going to add) an IID to my bond?

A: The blood results have come back from the lab and they are over .15. The prosecutors have asked the Judge to add an IID to your bond conditions.

Q: Why?

A: It is the policy of the Travis County Attorney (prosecutors) and all of the Travis County Judges to add an IID if the BAC is greater than .15.

Q: When does the defense attorney know about the request to add an IID?

A: We will get cc'd in an email from the prosecutor to the Judge.

Q: The Magistrate Judge (that I saw in jail) did not add the IID to my bond.

A: The Magistrate would not have known the BAC from the blood and the Magistrate is only involved in the jail release conditions. After you are released from jail, your case is assigned to a different court/Judge.

Q: Is there anything the defense attorney can do?

A: We are always looking for a way to convince the Judge that the IID is not necessary - based on some unique fact about the case or the client's situation - but the Judges almost never agree. There is nothing illegal about the Judge adding IID as a bond condition.

Q: When do I have to get the IID?

A: They typically allow 2 weeks after the Judge signs the order. Because it can take awhile to get an appointment, I recommend you get an appointment as soon as possible. We recommend the company SMART START.

Q: What happens if I don't get the IID?

A: The Judge can revoke your bond and a warrant will go out for you.

Q: What if I don't have a car?

A: The Judge will require you to get a portable alcohol monitor (which you will have to blow into 3-4 times a day).

Q: Am I allowed to drink alcohol if I have an IID as a bond condition?

A: No.

Q: Is there anything good about this?

A: If you do well on the IID (no violations), we will be in a better negotiation position with the prosecutors. However, if you have violations, we will be in a much worse position.

Q: I have more questions.

A: No problem. Give us a call 512-472-1113.