Getting out of jail does not mean you are free of court supervision.
When a person is released after a DWI arrest in Travis County, the judge may impose conditions that remain in effect while the criminal case is pending. Depending on the case, those conditions can include an ignition interlock device, portable alcohol monitoring, continuous alcohol monitoring, reporting to Pretrial Services, or other restrictions.
The most important rule is simple: read your bond conditions and take them seriously.
A bond condition is a court order. Even if you disagree with a condition or believe it is unnecessary, ignoring it is generally not the solution. If a condition is unreasonable, excessively burdensome, or no longer necessary, your attorney may be able to ask the court to modify it.
What Are DWI Bond Conditions?
Bond conditions are restrictions imposed by the court as a condition of allowing a defendant to remain out of jail while the case is pending.
They are separate from punishment.
If you have only been arrested and accused of DWI, you have not been convicted merely because the court imposes an ignition interlock or alcohol-monitoring requirement. These are pretrial conditions intended to address concerns such as court appearance and public safety while the case is pending.
The conditions imposed in one DWI case may be different from those imposed in another.
A first DWI with no accident and no prior history, for example, may be treated differently from a subsequent DWI or a case involving a child passenger, serious injury, or other aggravating circumstances.
Ignition Interlock Devices
An ignition interlock device, often abbreviated IID, is very common in DWI cases. In Travis County, most judges will even add it later if blood testing shows that BAC is over .15. It is installed in a vehicle and requires the driver to provide a breath sample before the vehicle can be started.
If alcohol is detected, the device can prevent the vehicle from starting. The device may also require additional breath samples while the vehicle is being operated.
In Travis County, Pretrial Services monitors defendants who have been ordered to use ignition interlock devices and receives information concerning compliance. The IID can cause problems with draining the car battery. It can generate false positives if you use mouthwash or wear alcohol based perfume. There are several vendors to choose from, and frankly, they are all bad. I generally recommend SmartStart. Even though they are not the least expensive. There is an installation fee that can sometimes be waived. Monthly cost can be $50 or higher.
When Is an Ignition Interlock Required?
Texas law makes an ignition interlock a mandatory condition of release for certain DWI-related charges.
This includes a defendant charged with certain subsequent intoxication offenses and defendants charged with DWI with a child passenger, intoxication assault, or intoxication manslaughter. In those circumstances, Article 17.441 of the Texas Code of Criminal Procedure generally requires the magistrate to order installation of an interlock device on the defendant’s vehicle or the vehicle most regularly driven by the defendant.
An interlock can also be ordered in other circumstances even when it is not automatically required by that statute.
Not every DWI defendant receives exactly the same alcohol-monitoring condition. For first-time DWIs under .15, I can often get the judge to remove the IID after about 3 months with no violations. When BAC is over .15, or there are previous DWIs, it is not uncommon for the IID to stay on for the entirety of the time the case is pending. However, you can usually get credit for this time toward your probation, assuming no violations.
What Happens if the Interlock Reports Alcohol?
Do not assume that an alleged violation is automatically accurate—or that it can simply be ignored.
An interlock device generates records. If the device reports alcohol, missed tests, tampering, or another compliance problem, that information can be reported to Pretrial Services and ultimately to the court. At that point, the judge may let it go, or mat schedule a bond violation hearing. Although this doesn’t mean you are going back to jail, repeated violations could lead to that. For a first violation, you are usually given a warning, but the penalties go up from there. Sometimes, the judge requires you to get a SCRAM device (described below.)
If you believe a reported violation has an innocent explanation, tell your attorney promptly. Waiting until the next court date can make the problem more difficult to address.
Portable Alcohol Monitoring — PAM
An ignition interlock monitors alcohol in connection with driving. A Portable Alcohol Monitor, or PAM, is different. I do not recommend PAM for my clients. PAM requires you to blow on a schedule, and that can be difficult to follow, even for diligent and fastidious people.
A PAM is a portable device that a defendant carries and uses to provide breath samples at required times. Travis County describes the device as requiring breath samples that are analyzed for alcohol. This allows alcohol monitoring even when the defendant is not driving.
Depending on the court’s order, a person may be required to test at designated times or according to the monitoring schedule established for the device. Missing a required test can create a problem even if the defendant has not consumed alcohol. If you are required to use a PAM, compliance means more than simply remaining sober. It also means taking the required tests when instructed. This can be burdensome as the test windows may occur during work hours, or when you are sleeping. Pretrial Services doesn’t care. If you miss the window, it’s a violation.
Clients who don’t have a vehicle may be required to have the PAM device. For anyone with a vehicle, I would argue that IID is a better option. It is less expensive as well. For all these reasons, I don’t recommend PAM in most cases.
SCRAM Continuous Alcohol Monitoring
SCRAM, or Secure Continuous Remote Alcohol Monitoring, takes a different approach. Instead of requiring individual breath tests, a SCRAM device is generally worn around the ankle and monitors for alcohol through the wearer’s perspiration.
SCRAM may be more intrusive than other forms of monitoring, but there are two reasons I still prefer it to the PAM monitor. First, it is the only option where County-pay is available. That is – if you can’t afford it, Travis County will cover the costs. Second, it does not require you to follow a schedule.
Even still, the SCRAM device is far, far worse than the IID. It’s an ankle monitor that you can’t take off, so it obviously hinders a lot of activities, like swimming. It sometimes can cause skin irritation. You have to keep it charged. It can sometimes malfunction, leading to a tampering violation that must be explained to the court. Lastly, if you do not qualify for county-pay, it is the most expensive option. For all these reasons, SCRAM and PAM should both be considered a last resort if IID is not available to you.
Who Monitors DWI Bond Conditions?
In Travis County, Pretrial Services plays a significant role after a defendant is released.
You will be assigned a pretrial officer (different from a probation officer), who monitors compliance with conditions of bond. Its Alcohol Monitoring Unit specifically works with defendants ordered to use ignition interlock, PAM, and SCRAM devices.
They will report violations to the court, but it is the judge’s decision on whether to move forward with a bond violation hearing, or let it go. In the case where there is a violation for any reason, you should contact your attorney and let them know. If the reason for the violation is a mistake or malfunction, it is also best to let the pretrial officer know. They will sometimes determine that the violation does not warrant notifying the court.
Your Pretrial Services officer is not your defense attorney. If an issue arises that could constitute a bond violation, it is generally a good idea to contact your lawyer first rather than trying to litigate the underlying DWI case with Pretrial Services.
Do I Have to Report to Pretrial Services?
If “supervised” release is checked on your paperwork, you need to comply with the reporting requirements you are given.
That may include appointments, communication with your assigned officer, alcohol monitoring, or documentation showing compliance with other court-ordered conditions.
Travis County Pretrial Services expressly monitors defendants released on different forms of bond—not just defendants released on personal bonds. Alcohol-monitoring compliance can therefore remain relevant whether someone was released on a personal, surety, or cash bond.
If you miss an appointment or encounter a problem complying with a condition, address it promptly. Do not assume that missing an appointment or test will simply disappear.
DWI Education Classes, CES and the MADD Victim Impact Panel
DWI defendants may also encounter requirements involving alcohol education, assessment, counseling, or the MADD Victim Impact Panel.
Travis County Counseling and Education Services
Travis County operates Counseling and Education Services, commonly referred to as CES. CES provides alcohol and drug assessments, education programs, and other services for people referred through the criminal justice system.
In almost every DWI case, a defendant is required to complete an assessment and follow recommendations for education or treatment. The initial phone assessment costs $35 and lasts over an hour. Following the assessment, classes are recommended. These classes can be as little as 12 hours
These recommendations can become particularly important in cases resolved through Travis County’s DWI Pretrial Diversion program.
MADD Victim Impact Panel
A MADD Victim Impact Panel is an educational program addressing the consequences of impaired driving from the perspective of victims and families affected by intoxication-related crashes. It is available online and lasts 2-3 hours.
Completion of a MADD Victim Impact Panel is almost always required as part of a DWI resolution or program. For example, Travis County’s current DWI Pretrial Diversion program requires participants to complete a MADD Victim Impact Panel as well as all required CES recommendations.
Should I Complete DWI Classes Before My Case Is Resolved?
Sometimes completing appropriate classes or an assessment early can be useful. In other cases, there may be little reason to start paying for programs before you know what will actually be required. This is something to discuss with your attorney.
The answer may depend on the particular charge, criminal history, the court, whether diversion is being considered, and the strategy for resolving the case.
What Happens if I Violate a DWI Bond Condition?
A violation of a bond condition can create a serious problem independent of whether the State can ultimately prove the underlying DWI.
Examples can include:
- alcohol detected by an interlock, PAM, or SCRAM device;
- missed alcohol tests;
- failure to install a required device;
- alleged tampering with a monitoring device;
- failure to report to Pretrial Services; or
- failure to comply with another condition ordered by the court.
Pretrial Services may report noncompliance to the court.
Depending on the circumstances, the court may address the alleged violation by changing conditions – like adding a SCARM device – imposing additional restrictions, increasing supervision, or requiring increased frequency of in-person court dates. A reported violation should therefore be addressed rather than ignored.
It is also important to remember that a machine-generated violation is not necessarily the end of the inquiry. The circumstances surrounding the alleged violation may matter. If you believe a device produced an inaccurate result or there is another explanation for what happened, preserve any available information and contact your attorney promptly.
Can DWI Bond Conditions Be Changed?
In some cases, yes. Bond conditions do not necessarily last the entire case. A defendant can ask the court to modify a condition when circumstances justify doing so.
This can become important because a condition that seemed reasonable immediately after an arrest may become unnecessarily burdensome as the case continues. Usually, a judge will want to see at least 3 months or more with no violations before considering easing the burden.
Whether modification is appropriate depends on the particular case.
Relevant considerations may include:
- how long the defendant has been on bond;
- whether there have been any violations;
- the original reason the condition was imposed;
- the defendant’s criminal and DWI history;
- whether alcohol monitoring is statutorily required;
- changes in employment or transportation;
- the expense or practical burden of the device; and
- whether a less restrictive condition would adequately address the court’s concerns.
A long period of perfect compliance can be relevant when asking a court to reconsider a condition, although it does not guarantee that the judge will remove it. And some conditions are required by statute in particular DWI cases, which can significantly limit what the court can do.
The next major issue for many people arrested for DWI is also separate from the criminal case entirely: what happens to the driver’s license.
Next: The ALR Hearing and Your Driver’s License