Ignition Interlock Device Bond Condition: When it is Required and When it is Optional

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During the 2019 legislative session, a change was made to when a magistrate is required to order an ignition interlock device (IID) as a bond condition. For the offense of DWI with a Child Passenger (the elements of this offense can be found in Section 49.045 of the Penal Code), the IID condition used to only be required if it was a subsequent offense. Now, this condition is required for this offense whether it is a first or subsequent offense. This new law applies to a defendant released on bond on or after 9/1/19 even if the offense was committed before then.

Below is a chart summarizing the current law for when a magistrate must impose an IID bond condition and when it is up to the discretion of the magistrate to decide whether or not to impose it. In the chart, CCP stands for Code of Criminal Procedure, PC stands for Penal Code, and DWI stands for Driving While Intoxicated.

IID Bond Condition Chart

Standard Field Sobriety Tests and Drug Impairment

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At the Lifesavers National Conference on Highway Safety in Louisville, KY earlier this year, there was a session on Standard Field Sobriety Tests (SFSTs) and drug impairment. The session was about how research shows that SFSTs are effective at detecting impairment due to drugs and not just due to alcohol.

Here is some of the research that was provided in the session:

An Examination of the Validity of the Standardized Field Sobriety Test in Detecting Drug Impairment 

Detecting Impairment Associated with Cannabis with and without Alcohol on the Standard Field Sobriety Tests 

Examining the Dffect of dl-3,4-Methylenedioxymethamphetamine (MDMA) and Methamphetamine on the Standardized Field Sobriety Tests

The Relationship between Performance on the SFSTs, Driving Performance and the Level of Delta 9-THC in Blood

The Standardized Field Sobriety Tests and Measures of Cognitive Functioning

A 2 Year Study of THC Concentrations in Drivers: Examining Driving and Field Sobriety Test Performance

A Placebo-Controlled Study to Assess Standardized Field Sobriety Tests Performance During Alcohol and Cannabis Intoxication

An Evaluation of the Sensitivity of the Standardised Field Sobriety Tests to Detect the Presence of Amphetamine

Article About Repeat DWI Offenders

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This article speaks to how important a justice of the peace’s role as a magistrate is. If you want to do more in your county, please reach out to Randy Sarosdy or Rebecca Glisan at our office to ask about our DWI Bond Condition Program.

To read the article, click here:

https://www.wfaa.com/article/news/crime/what-will-it-take-to-keep-repeat-dwi-offenders-off-the-roads-in-north-texas/287-0cf8ab65-6909-4a94-b79a-a5c691c72cce?fbclid=IwAR0lqvUiPfFGoKcze3DJsgN54Pwdr6Ej1K_YcLjFTi84w4AOrVi-qXnXxDw

Impaired Driving and July 4 Holiday

SAVE-A-LIFE-LOGO4There is a large increase in impaired driving related deaths during the week of July 4.

So be careful on the roads, stay safe, and be prepared for the possible impact on magistration and inquest duties.

For more information on the statistics, please take a look at this article: https://edition.cnn.com/2019/07/01/health/july-is-the-deadliest-month-for-drunk-driving-trnd/

DPS Reporting Update – Ignition Interlock Orders and Other Information

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We have been advised that Ignition Interlock orders may be reported to DPS at this email address: convictionreporting@dps.texas.gov

Information concerning Conviction Reporting, Enforcement Actions, Administrative Hearings and the Driver Responsibility Program are available at this link: https://www.dps.texas.gov/administration/crime_records/docs/cjis/2018CjisJjisConf/dlConvRptngDrvrResponsibility.pdf

Challenges of Determining Driving Impairment from Marijuana Use

SAVE-A-LIFE-LOGO4With the legalization of marijuana in various states, there has been an increased focus on the question of how to determine whether a driver is impaired after using marijuana.

Click on this link to see a recent article on this topic from the Los Angeles Times:

https://www.latimes.com/local/lanow/la-me-ln-marijuana-dui-20180322-story.html