What kind of charges can I or the state (TX) press against my ex for purposely blowing drunk into my ignition interlock device?

Asked about 1 year ago - Karnes City, TX

I am on felony probation and have a breathalyser w/camera in my car. My ex blew drunk into it at 4 am (while i sleep) one morning to get me into trouble. I broke up with him Friday. Ignored him Saturday. He showed up at 2 am Sunday to talk & "he misses me". I let him in to talk. He starts getting hostile, demands my phone, I say no and to leave. He wont leave, becomes aggressive, and starts looking for phone. I ran to neighbors, Called cops. They show up and make sure he's gone. I go home. I found keys in car next day! Suspected he did something so told my PO Monday that he might have tried something. So month passed and PO calls and informs me my monthly report shows a man's picture came up blowing drunk into interlock 4 am that Sunday It was him. He stole my keys while i ran to neighbor

Attorney answers (5)

  1. Joseph Francis Vinas

    Contributor Level 12

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    Answered . Tampering with Physical Evidence comes to mind. They would have to prove that he knew there was a pending investigation, but I think the fact that you have to blow into the breathalyzer as part of a felony probation would solve that issue. The fact that he's on camera makes identity a no brainer.

    Joseph Vinas answers questions on Avvo for general information and not as legal advice. Those answers do not... more
  2. James Richard Butler

    Pro

    Contributor Level 12

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    Answered . Not sure if charges will be filed. You should be OK since the camera will show him blowing.

    James R. "Jim" Butler,Houston,Texas,DWI Lawyer. Free Consultation .Call (713)236-8744. Pardon my typing and or... more
  3. Kimberly F. Minick

    Contributor Level 8

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    Answered . What a jerk! Although I have to laugh at the ridiculous picture of the drunk idiot. Too bad the camera didn't picture him driving off after providing evidence that he was intoxicated and he might be feeling your pain. Sorry you are going through that but maybe it just confirms your decision to break up with him, As for your situation, I wouldn't imagine you getting into trouble due to that situation and certainly any lawyer worth their salt could handle that problem. Good luck to you!

  4. Ethan Patrick Meaney

    Pro

    Contributor Level 20

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    Answered . Note I practice in Minnesota so things may be different in Texas. However, in Minnesota the ignition interlock device has a camera installed in conjuction with the blowing apparatus so as to avoid the situation you desrcibed.

  5. Jasen Bodie Nielsen

    Pro

    Contributor Level 19

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    Answered . Interesting question. And what a jerk. Tampering with evidence might be possible. You might want to pursue a restraining order. Good luck.

    Jasen Nielsen

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