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Can a court issue a breathalyzer in my car if I didn't get the DWI?

Dallas, TX |

My brother got a DWI while driving a car titled in my name. The court required a breathalyzer be installed in his vehicle, which he doesn't own. I don't want to have to deal with a it since I wasn't the one arrested and he won't be driving drivng my car anymore. Does the breathalyzer still have to be put in my car if he doesn't own it?

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Attorney answers 3


I've never seen a breathalyzer ordered to be put in a particular vehicle, just that the defendant must have one in any car he is driving. The obvious solution is to no longer allow your brother to drive your car.

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.


The Court order interlock alternatives like the in-home interlock or the SCRAM device. Both of these devices attempt to monitor your brother’s alcohol consumption 24 hours a day. If you do not want the interlock in your car, you need to tell your brother to speak with his attorney regarding alternatives to the interlock.


The court cannot order you to install a breathalyzer on your car. Your brother will have to have one on his car or the judge can order a home device or portable device to monitor his alcohol use. Again, you DO NOT have to have a breathalyzer on your car. I hope this helps.