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  • Writer's pictureBrian Foley

Montgomery County Criminal Defense Attorney - Early Removal of Ignition Interlock from vehicle

Montgomery County Criminal Defense Attorney - Early Removal of Ignition Interlock from vehicle - Brian Foley - Board Certified in Criminal Law.

You could be eligible for removal of your interlock device after completing half of your probation period.

If you have been placed on probation for DWI in Montgomery County, Texas then you may have a condition of the probation which required an ignition interlock device. This is a deep-lung breath analysis device otherwise referred to as an alcohol monitor or a "blow-and-go."

These devices can be annoying and embarrassing. But if it has been made a condition of probation you might be able to get this condition lifted.

If your DWI probation is a type of probation called Deferred Adjudication probation then you could be eligible to have the entire probation terminated early.

§42A.701 of the code of criminal procedure allows the court to terminate or reduce the community supervision period after the completion of one-third of the original community supervision period. The Court has authority to reduce or terminate community supervision for and offense under 49.04-49.08 Penal code only when if there has not yet been a conviction pursuant to 42A.701(g). When a defendant was granted deferred adjudication community supervision there has been no conviction and the court may terminate or reduce community supervision.

For a DWI that is not granted deferred then you become ineligible for early termination but you may still be eligible for interlock removal.

42A.408(f) prevents the court from removing an interlock device before 50% of the supervision period has expired.

This means if you have what we call a straight probation with interlock as a condition then you may have your interlock device removed after completing half of your probation. It doesn't mean that it is a guarantee, but it is something that you can request from the court with the help of an attorney.

(f) The court shall require the defendant to obtain an ignition interlock device at the defendant's own cost before the 30th day after the date of conviction unless the court finds that to do so would not be in the best interest of justice and enters its findings on record. The court shall require the defendant to provide evidence to the court within the 30-day period that the device has been installed on the appropriate vehicle and order the device to remain installed on that vehicle for a period the length of which is not less than 50 percent of the supervision period. If the court determines the defendant is unable to pay for the ignition interlock device, the court may impose a reasonable payment schedule not to exceed twice the length of the period of the court's order.


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