In Texas, you can file a motion to remove an interlock device before your community supervision ends, but only under Article 42A.408 of the Code of Criminal Procedure and only after you’ve used the device without incident for at least half of your supervision period. The rule is stricter than most drivers expect: a single breath sample at 0.05 or higher during the supervision period disqualifies you, even though 0.05 is well below the 0.08 threshold for a DWI on the road.
When You Become Eligible to File
Article 42A.408 lets the court lift the interlock condition only after finding that you have complied with the device for at least one-half of your required supervision period.1State of Texas. Texas Code of Criminal Procedure Art 42A.408 Two years of supervision means twelve months of clean use before you can even file.
On top of the time requirement, the judge must find all three of the following true for the entire supervision period so far:
- You have not driven any vehicle that lacked an interlock.
- You have not been charged with or convicted of any other criminal offense while on supervision.
- You have not attempted to start a vehicle with a breath-alcohol concentration of 0.05 or higher.
That third condition is where motions most often die. A 0.05 reading would not get you arrested on the road, but it is enough to sink a removal motion. A morning-after startup attempt from drinks the night before can end the effort by itself.2State of Texas. Texas Code of Criminal Procedure Chapter 42A – Community Supervision
When Article 42A.408 Doesn’t Apply
Two situations fall outside this early-removal route. If your interlock was ordered under Section 49.09(h) of the Texas Penal Code, which covers certain repeat intoxication offenses, there is no early-removal pathway. The device must stay on every vehicle you own or operate until the first anniversary of the end of your license suspension, and violating that order is punishable by contempt.3State of Texas. Texas Penal Code 49.09
The statute also does not cover interlocks ordered as a bond condition under Article 17.441. Bond-condition devices stay installed until your case reaches a final disposition.4State of Texas. Texas Code of Criminal Procedure Art 17.441 If your case is still pending, 42A.408 isn’t available yet.
What to Gather Before You File
The compliance data from your device is the case. Before drafting anything, collect:
- Your case number and the court that handled the original DWI, since the motion must be filed there.
- A full interlock compliance history covering the entire supervision period. Your provider generates reports showing every breath sample, every startup attempt, and any diagnostic or error codes. Request the complete file from your provider.
- Certificates for any court-ordered DWI education, counseling, or victim-impact panels.
- Records showing your fines, court costs, and supervision fees are current or paid.
A judge reviewing your motion will read the compliance reports carefully, looking for any reading at or above 0.05, missed calibration appointments, or diagnostic codes suggesting tampering. If the reports aren’t clean across the whole period, the motion will almost certainly fail. Talk to your provider and your probation officer before filing to confirm what your record shows.
Filing the Motion and the Hearing
File with the clerk of the court that handled your DWI case. Texas has no standardized statewide form, so the motion is generally drafted as a legal filing that identifies your case, cites Article 42A.408, states that you meet the statutory conditions, and asks the court to lift the interlock requirement. Serve a copy on the prosecutor’s office.
The court then sets a hearing. The judge reviews the compliance data and any other evidence you offer, and the prosecutor can oppose the motion. Objections tend to focus on borderline readings, missed appointments, or unexplained device errors. An attorney can walk the judge through the reports and respond to the prosecutor’s concerns.
Not every court runs a contested hearing. In Dallas County, for example, the interlock removal order form allows removal to be authorized by a judge, a probation officer, or a court coordinator.5Dallas County. Interlock Removal Order Ask the clerk or your attorney whether your court holds a full hearing or uses an administrative approval process.
After a Removal Order Is Signed
A granted motion doesn’t remove the device by itself. Two separate steps follow: physically taking the device off the vehicle, and clearing the interlock restriction from your driver’s license.
Schedule an appointment with your interlock provider and bring the signed court order carrying the court seal. Removal takes only a few minutes, but you will owe a closing administration fee and a labor fee. Your provider can quote the amounts when you schedule.
For your license, submit the court’s interlock removal form to the Texas Department of Public Safety. DPS will not accept these documents at a driver license office. Send them by one of the following:6Texas Department of Public Safety. Section 18 – Interlock
- Fax: (512) 424-2848
- Email: Driver.Improvement@dps.texas.gov
- Mail: Texas Department of Public Safety, ATTN: ECS, PO Box 4087, Austin, TX 78773
Allow up to 21 business days for DPS to process the removal and update your record.6Texas Department of Public Safety. Section 18 – Interlock If more than one court ordered an interlock on your vehicle, you need a separate removal order from each court before DPS will lift the restriction.7Texas Department of Public Safety. Ignition Interlock Devices
If the Motion Is Denied
A denial leaves the interlock in place for the remainder of the original term. The judge may explain what fell short, whether a borderline reading, a missed calibration, or something else in the compliance data. Nothing in the statute bars a second motion after more clean time accumulates, but you should fix whatever caused the first denial before trying again. Continuing to comply with the device and finishing any remaining conditions of supervision strengthens a later motion.
Costs and Payment Schedules
Cost is often what drives people to seek early removal. Installation typically starts around $150, monthly lease fees start around $90, and periodic calibration visits add roughly $25 each. Over a full supervision term, the total can easily reach the hundreds or low thousands.
If you cannot afford the device, Article 42A.408 allows the court to set a reasonable payment schedule rather than requiring the full cost upfront. That schedule cannot extend beyond twice the length of the court’s original interlock order.1State of Texas. Texas Code of Criminal Procedure Art 42A.408 A similar payment option exists under Transportation Code Section 521.246 for interlocks tied to an occupational license.8State of Texas. Texas Transportation Code 521.246 Raise cost issues with the court early. A lapse in device maintenance creates compliance problems that will follow you into any future removal motion.