A drunk driving conviction can result in a number of significant legal penalties, including the installation of a deep lung device, also known as an ignition interlock device. Like a breathalyzer, these devices measure the amount of alcohol in a person’s breath and use that information to determine their blood alcohol concentration (BAC). When installed, a breathalyzer requires the driver to provide a breath sample prior to starting the car – if the driver has alcohol in his or her system, the deep lung device will not allow the vehicle to start. In addition, the device requires breath samples from the driver at random intervals and will disable the vehicle if it detects alcohol in the sample.
If you have been ordered to use an ignition interlock device, there are many ways that you can violate your probation. These include the following:
- Driving a vehicle without an ignition interlock device;
- Tampering with the device;
- Attempting to circumvent the device; and/or
- Driving with a prohibited concentration of alcohol in your system.
If you violate an ignition interlock device order, the judge that is presiding over your case has a number of options, including prohibiting you from driving at all, or ordering you to wear a Secure Remote Alcohol Monitoring (SCRAM) bracelet. In some cases, a violation may be so serious as to cause the court to completely revoke your probation and impose the maximum penalties available under the Texas law.
What to do If you are Facing a Deep Lung Device Violation
Because of the significant penalties that are possible, it is important to do everything possible to defend against allegations of violating an ignition interlock device order. Deep lung devices are not foolproof and can register false positive. In fact, even your morning mouthwash could cause the device to detect alcohol in the sample you provide. If you have been accused of an ignition interlock device violation in Texas, you should talk to an experienced criminal defense lawyer immediately.
Contact a McKinney Criminal Defense Attorney Today to Schedule a Free Consultation
Deep Lung Device violations have the potential to result in significant legal penalties, including the extension of your probation and even jail time. To schedule a free consultation with one of our Collin County criminal defense attorneys, contact Rosenthal & Wadas today at 972-369-0577.