In Texas, what happens If someone is ordered to have a breathalyzer installed in their car, but drive another car?

Asked about 1 year ago - Dallas, TX

Reason for this question is because someone I know is driving a very nice, expensive car, and they talked about how they're ordered to have a breathalyzer in their car. When I looked inside the nice car, I didn't see it. So being curious, I asked them about where it was at and they said that they have a little beat up car parked at home with it installed. They have it driven, because they said that it is monitored through GPS to ensure the vehicle is driven.

Attorney answers (4)

  1. Macy Michelle Jaggers

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    Contributor Level 20

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    Answered . He has been ordered not to drive a vehicle unless it's equipped with an Interlock device. If his probation officer finds out, she will probably violate his probation.

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  2. Douglas Lowell Wilder

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    Contributor Level 6

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    Answered . When a Judge or Magistrate order an Ignition Interlock (breathalyzer) to be installed in someone's car, they are also ordered not to drive any other vehicle that does not have one in the car. There is an exception to this, but that exception only applies to work vehicles. I know some people will do just what your friend did. Buy a junker and install it in that. The consequences of that could be very severe, depending on the county. If the interlock is a condition of their bond and they get caught, the Judge could hold their bond insufficient, issue a warrant, have them arrested, and keep them in jail until their case is resolved. The Judge could also order that a SCRAM device be attached to their leg. A SCRAM device is an alcohol monitor and it is attached just above the ankle. The strap is about 1 1.2 inches wide and the device is about the size of a pager. The cost for that is approximately $360/month. If your friend is on probation and gets caught, that could result in a motion to revoke his probation being filed, a warrant being issued, them being arrested and their probation could be revoked and they would be sent to jail. So, if they continue to do this, they are running a real risk and could face major consequences (jail, loss of job, etc).

  3. John Joseph Eastland

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    Contributor Level 11

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    Answered . Typically, the order is for the person to install a breathslyzer in any vehicle he/she drives. If this is the language on the 'someone's' car, then if caught they could be looking at serious consequences.

  4. David Christopher Hardaway

    Contributor Level 10

    2

    Lawyers agree

    Answered . In addition, many of these devices now take photographs of the person doing the test. That someone you know is doing something dumb, and probation is probably going to find out about it and revoke them.

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