I had to get an interlock device installed after appearing in court and being charged with a second DWI (last one was 15+ years ago) I know that doesn't matter.
I routinly travel for work and have to take co-workers with me from time to time and worry about loosing my job becasue of it. I am getting an occupational license next week and soon I will have to begin traveling for audits on other locations. What rights do I have for getting it removed. I have never failed a test in the two months I had it - although I doubt that matters.
Criminal Defense Attorney
Have you been convicted of the second offense? If so, what did the court order? If not yet convicted, probably at least until your case is done. Did you receive any order from your DMV?
In Wisconsin the length of time would depend on your level of intoxication and other factors.
You should talk to a Texas DUI lawyer familiar with your jurisdiction.
This is not legal advice, which requires a personal connection and far more facts. This attorney does not give legal advice to non-clients over the Internet. Confidential information should not be disclosed in this Internet forum.
Criminal Defense Attorney
Only the judge can order a device to be removed. If you have a second DWI interlock is required. However, you could ask the court to switch to a SCRAM or at-home alcohol monitoring device. Ask your attorney about these options.
Robert Guest is a Kaufman County Criminal Defense Lawyer with offices is Forney, Texas, Irving, Texas and Kaufman, Texas. These answers are not legal advice. We do not have an attorney-client relationship, and my use of Avvo is not intended to form an attonrey-client relationship. Avvo is a limited forum and should never be used as a replacement for a consultation with a local attorney.
DUI / DWI Attorney
The Code of Criminal Procedure requires that in Ignition Interlock device be installed as a condition of bond on a subsequent DWI charge. There is no time stated in which the first offense has to have occurred (ie. not within the last 10 years). However, the code specifically states "The magistrate may not require the installation of the device if the magistrate finds that to require the device would not bi in the best interest of justice." So the Judge would have to find that the best interest of justice would be served by not ordering the device. This would be very rare in my opinion. A Judge would be fearful that if they removed the device, you could go drink and drive and cause an accident resulting in an injury. Then, the press could find out that the Judge removed the device and if he had not done so, the other people would not have been injured. I have had that scenario told to me by many judges when I have attempted to have Interlock devices removed.
If you are not able to get your new DWI reduced, dismissed, or eventually acquitted of the charge, most courts will order the Interlock as a condition of probation. If it is so ordered, you will have to keep the device on your car for a minimum of half the time the court ordered it. After half of the time (ie. 9 of 18 months) has been served, you can petition the court to have the device removed from your car. It is discretionary with the court. Many courts will remove the device at that time if you have not tampered with the device and have not had any violations.
Additionally, since you prior is over 10 years old, it is within the courts discretion to not order the Interlock as a condition of probation. The Code of Criminal Procedure states that if the prior is within 10 years, the Judge shall order it, but if the prior is outside of 10 years, they have the discretion not to order it. I have had courts not order the Interlock as a condition of probation in these circumstances, but this is court and county specific. Some courts in Dallas will do this, while no courts in Denton you even consider it.
If you have any other questions, please feel to contact me. Have a great day.