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Do I have to have the breathalyzer installed if I agree to not drive during the time period.

Texas City, TX |

The car didn't belong to me, its my parents. The car is not located in the area I live, I was just borrowing. I do not own a vehicle. Also, do I need an SR-22 if the charge was obstruction of highway intoxication with no license suspension?

Attorney Answers 3

Posted

Maybe. Its up to the judge. Know that if there is an interlock on the vehicle, any violation will be assumed to be you. The judge could require an alternative hand-held device. If she does, that puts you on no-alcohol so be careful what you ask for. I don't see any reason you would need an SR-22.

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Posted

Your questions depends on several factors.... mainly the court you are in, whether you have a car that you normally drive (even if its not yours), your BAC level, your age. There are alternatives to having the interlock ignition device. However, they may be more costly. Be careful what you ask for. Lawyers generally assist you in working this out. Hire an attorney that is experienced with handling these types of cases.

The information provided is not advice but a legal perspective and you should schedule a consultation with the lawyer of your choice.

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Posted

Since your charge is obstruction of a passageway, I am assuming that your case was originally filed as a DWI since that is almost always the case. It was probably reduced through a combination of hard work by your attorney and favorable facts. Most obstruction result from a plea bargain and it may be that interlock is part of the plea bargain. Your best bet is to call the attorney who negotiated the deal in the first place and he or she can probably tell you what your chances of getting the device removed.

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