Legal Question in DUI Law in Texas

Installation of device in vehicle

My son has two occurances of DWI. First occurance was December 31, 1993 and second was September 11, 2003. He has a suspended Texas license and I have been driving him to and from work. Because I had foot surgery (driving foot) my daughter had been taking him to work. My daughter had an emergency and I approved my son to drive to work (one time)in my vehicle. He was involved in an accident by an individual that ran a red light. He appeared in court with his attorney and the attorney provided several options, however, the attorney says that they will want to place the blowing device in my vehicle. Now, my son is on antibuse three times a week and attends AA three times a week even though he is not an alcholic. I do realize I did not use good judgement in allowing him to drive even though it was just one time. Also, I don't drink alcohol or smoke, What options do I have in contesting the device being installed in my vehicle? Should I seek a local attorney? Please help me in this situation I'm in.

Thank you.


Asked on 10/27/04, 10:39 am

1 Answer from Attorneys

Barrett McKinney Law Offices of Barrett J. McKinney, P.C.

Re: Installation of device in vehicle

Under most circumstances if the defendant is on antibuse the ignition interlock is not required.

However, since your son is most likely charged with a DWI 3rd it is within the power of the court to require the device as a condition.

Sometimes they will also accept an affidavit of non-driving in lieu of the Ignition Interlock.

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Answered on 10/27/04, 11:22 am


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