Can a court issue a breathalyzer in my car if I didn't get the DWI?

Asked over 2 years ago - Dallas, TX

My brother got a DWI while driving a car titled in my name. The court required a breathalyzer be installed in his vehicle, which he doesn't own. I don't want to have to deal with a it since I wasn't the one arrested and he won't be driving drivng my car anymore. Does the breathalyzer still have to be put in my car if he doesn't own it?

Attorney answers (3)

  1. Robert Sterling Guest


    Contributor Level 16


    Lawyers agree

    Answered . I've never seen a breathalyzer ordered to be put in a particular vehicle, just that the defendant must have one in any car he is driving. The obvious solution is to no longer allow your brother to drive your car.

    Robert Guest is a Kaufman County Criminal Defense Lawyer with offices is Forney, Texas, Irving, Texas and Kaufman,... more
  2. Jacob Robert Jenkins

    Contributor Level 11

    Answered . The Court order interlock alternatives like the in-home interlock or the SCRAM device. Both of these devices attempt to monitor your brother’s alcohol consumption 24 hours a day. If you do not want the interlock in your car, you need to tell your brother to speak with his attorney regarding alternatives to the interlock.

  3. Christopher N. Hoover

    Contributor Level 7

    Answered . The court cannot order you to install a breathalyzer on your car. Your brother will have to have one on his car or the judge can order a home device or portable device to monitor his alcohol use. Again, you DO NOT have to have a breathalyzer on your car. I hope this helps.

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