What are my rights if my probation officer says that I have to blow into my interlock on the days I don’t drive?

Get Legal Help Today

 Secured with SHA-256 Encryption

What are my rights if my probation officer says that I have to blow into my interlock on the days I don’t drive?

Is that true?

Asked on January 8, 2016 under Criminal Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Your conditions of probation guide what your probation officer can and cannot do in your case.  If you have conditions of probation which subject you to any drug or alcohol testing at the direction of your probation officer, then your officer's requirement that you blow daily could be considered part of that requirement.  Your probation officer is charged with administering the conditions of your probation.
If you do not agree with your officer's interpretation, then you can file a motion to modify the conditions of your probation and ask the court to provide better direction.  The court always has the discretion to modify, tighten, or lessen your conditions of probation... regardless of what your probation officer wants.  The judge's word control... so seek out that clarification.
The one thing you do not want to do is buck or disobey your probation officer's instructions until you get a ruling by the judge.  If you disobey the probation officer prior to obtaining the judge's approval to do something different, the judge could find that you willingly violated your conditions and revoke your probation.  Better to seek clarification and forgiveness.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption