Q: I got a Dwi for my first time over 13 months ago and was ordered to get a breathalyzer in my car after I was released
It took over year to go to court and I still have the breathalyzer in my car it’s very frustrating and it causes my car a lot of problems. My lawyer had said it was just a condition of bail but has done nothing to get a court order to take it out and is always making excuses what can I do if he’s not going to help me
A: If the DWI allegation includes that your blood/breath alcohol concentration was over .15 at the time of the event, it is mandatory by State law that you have an interlock device on any car you drive while your case is pending. No exceptions. The Judge does not have any discretion in the matter to order the removal of the device. If you are going to be out on bond, you have to have the device. I understand it is frustrating and expensive, but there is no alternative under the law.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.