Special DWI Bond Conditions
A criminal defense attorney can represent you at all stages of the case including during a hearing to set any pretrial bond conditions after a DWI or criminal intoxication offense. The courts have tremendous flexibility to tailor bond conditions that take the community's safety into consideration.
Although in a 1998 decision, the Fort Worth court of appeals held that a trial judge only had the ability to impose conditions on a defendant's pretrial bond that were specifically authorized by statute, the Texas legislature passed Article 17.40 soon thereafter. Under Article 17.40, the judge at the bond hearing can impose conditions greater protections for the victim or the community at large.
Additionally, other statutes expressly give the courts the discretion to impose bond conditions unique to crimes related to intoxication including a restriction on driving privileges and a requirement that an ignition interlock device is imposed on a pre-trial basis.
The most restrictive DWI bond conditions are imposed in serious DWI offenses when a person has prior conviction, or the case presents aggravating factors, someone was injured or killed, or the BAC was particularly high.
Attorneys for DWI Bond Hearings in Tarrant County, TX
If you are charged with an intoxication offense or DWI, then secure the services of an experienced criminal defense attorney prior to your first appearance before the court in cases involving a crash with property damage, injury or death. An experienced criminal defense attorney can often fight for a lower bond which will save you thousands of dollars that might otherwise be paid to a bondsman to secure your release.
Also, by avoiding more restrictive bond conditions, your criminal defense attorney can save you money and inconvenience while your case is pending.
Call (817) 422-5350 today.
The Ignition Interlock Device as a Special Bond Condition
Under Article 17.441 of the Code of Criminal Procedure, the court must require as a pretrial bond condition that a defendant install an ignition interlock device on their vehicle for any of the following offenses:
- a second DWI;
- a third or subsequent DWI;
- felony DWI;
- intoxication assault; or
- intoxication manslaughter.
If such a condition is imposed in your case, then the court will send notice to the DPS. Often the DPS receives the court notice requiring the Ignition Interlock Device, the DPS will send you a notice that your driver license will expire on the 30th day after the date of the notice. Installation of the interlock device is required until DPS receives a court order removing the restriction.
Your criminal defense attorney in Fort Worth can argue all of the reasons why the installation of the device is not necessary and that the device would not be in the best interest of justice so that the condition is not imposed in your case.
Motion to Raise and/or Set Special Conditions on Bond
In some cases, the state will file a "Motion to Raise and/or Set Special Conditions on Bond" after your first appearance. At a hearing, the prosecutor can ask the court to impose other special conditions that would prevent you from consuming any alcoholic beverage, being allowed to drive or operate a motor vehicle, being required to install the ignition interlock device, or being required to undergo Voice Alcohol Radio Frequency Electronic Monitoring to ensure that you do not consume any alcohol in violation of your bond conditions.
This article was last updated on Friday, April 28, 2017.