How can i get my interlock device removed from probation with 1 violation?

Asked over 2 years ago - Fort Worth, TX

I am nearing the 6 month mark of my probation for a dwi and i want to get rid of the in-home interlock device. I had 1 violation in the first 30 days and have missed a few tests (non alcohol related) I dont mind not drinking and i am not driving anytime soon, but it has become such a hedache and embarrassment. I have completed all classes, courses, community service and am current on fines and fees. I just dont know how much longer i can do this. I work nights and have to wake up after 4 hrs of sleep every morning just to test on the device and i dont want to get in troube for missing more tests. Please help me, i want to get my life back.

Attorney answers (2)

  1. Gene Raymond Beaty

    Contributor Level 15

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    Answered . The interlock must be continued for half your term of probation. If your probation was 12 months, you are nearly there. The first step is to discuss the matter with your probation officer, because most are acquainted with the situation and the court's policy regarding removal of an interlock. Sad news, judges have the right to keep it on you for the full term of probation, but most will remove it around the half way point. Since you had a violation, the judge might continue it longer, but since it is old, not recent, it might not bother the judge at all. The court might have a form request for interlock removal, so the 2d step is to talk with the court coordinator or clerk to ask if such a form exists, which it probably does in Tarrant County. You probably don't need an attorney to present this motion to the judge, but if you aren't having any luck with probation office or clerk, it would be useful to employ an attorney to review the situation with you and advise you how to proceed.

  2. Dennis Marston Slate

    Contributor Level 8

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    Answered . The terms of your probation are completely in the hands of your judge. If you want to seek modification of those terms, you need to conact a DWI lawyer that works regularly in your court so they can tell your what the judge's position is on modifying the terms of the probation.

    The information on this in this respnse is for general information purposes only. Nothing in this response should... more

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