Is it required by law to put a breathing device in your car on a first DUI?

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Is it required by law to put a breathing device in your car on a first DUI?

My girlfriend got a DWI almost 2 years ago. She did community service and has been going to her probation officer and has stayed clean. She is a little behind in paying the probation officer/fees. The probation office has said she must put a breathing machine in her parent’s car even though she is not driving . The judge is requiring her to or she has to have a lawyer come see him/her to speak on her behalf. She, has 6 months remaining on her probation. How come they can give her more expense than she already has. How, can this be legal?

Asked on November 10, 2010 under Criminal Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I would strongly suggest that your girlfriend go and get an attorney to speak with and to speak with the Judge as he requested.  It seems odd that the Judge would order this now after the Order of Probation was entered in to (almost two years ago).  A Judge can order that an ignition device placed on a car on the first offense but there is generally unusual circumstances that occur.  And as I said it is usually done at the same time the Order of Probation is entered in to.  I can not see - absent a new set of circumstances - that it can be added at this stage of the game.  That is why she needs an attorney on her side to object.  It will be money well spent.  Good luck.


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