Legal Question in DUI Law in Texas

I was arrested for a DWI, released, came back to court and was given the option to either immediately go to jail for up to 180 or take the probation option which would last 2 years. I chose probation thinking that I would be able to do it. Unfortunatey I violated probation before really even starting it. I drank too much the night before my first visit with the probation officer and was given a breathalizer and failed. So, due to the fact that I did not own a vehicle at the time, I did not receive a breathalizer in a vehicle. Well now after serving the time for my original violation and probation violation, I am trying to get back my license, but I am coming across an issue. The county that the violation was committed in can not provide me with a breathalizer release form signed by the judge, but the county I live in is asking for one in order to re-issue my license. What do I do?

Asked on 10/08/12, 3:48 pm

1 Answer from Attorneys

Cynthia Henley Cynthia Henley, Lawyer
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You need to contact your lawyer in the county in which you were prosecuted (or hire one there for the limited purpose) to go to the judge with a removal order or nunc pro tunc order saying that there was never an order to install one or there was an order but it should have been withdrawn because you did not have a vehicle.

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Answered on 10/23/12, 1:34 pm

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