Ignition Interlock Device................Help?!

Asked about 2 years ago - San Antonio, TX

I have a question, it might sound ridiculous but, if my boyfriend car has the ignition interlock device, can I still drive it or not? He said I cant, cause thats what his probation officer told him no one else can drive it just him.

Attorney answers (3)

  1. James Kevin Hayslett

    Pro

    Contributor Level 16

    7

    Lawyers agree

    Answered . That's unusual. Usually just because it interlock device is installed in the vehicle does not prevent other drivers from using that vehicle. However, it is very important to note if a condition of probation or an order from the court states that no other person can drive or operate the vehicle then no one else can.
    I would check with your probation officer to get clarification if it's in the probation orders or order by the court obviously can't was just their opinion perhaps you can explore that to see whether not it would be allowable.
    Proceed with caution. I would also seek the advice of the lawyer who represented him at the time of the change of plea. Good luck

  2. James Richard Butler

    Pro

    Contributor Level 12

    4

    Lawyers agree

    Answered . Typically,the car with an interlock device installed can be driven by other family members. However, if anyone causes a positive result for alcohol, or a lockout, your boyfriend will be blamed. Most judges in Harris County require interlock devices equipped with cameras for this very reason. Does your device have a camera? If not, you may not want to risk driving the vehicle, because the court always assumes the client was the driver when there is a lockout. Read the posts here on AVVO, and you will see all of the problems these devices cause. I hope this information helps.

    My answer is based upon the limited amount of information available at the time of writing.I am a Texas DWI Lawyer.... more
  3. Gene Raymond Beaty

    Contributor Level 15

    3

    Lawyers agree

    Answered . He must follow directions of probation officer, whether it makes sense or not. So don't drive his car. If he wants you to drive him, then he should be sure that he has interlock with camera, so it is clear who is driving the car, and then talk to probation about changing his order.

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