Legal Question in DUI Law in Texas

My dad had his third DUI about 5 1/2 years ago. He's gone through about 6 p.o.'s in that time. They just randomly keep assigning him new ones when he makes office visits every 3 months. The one he had last time he went in said he should be able to get his interlock device off his truck soon, and she would let him know on his next visit. His next visit was today, Friday the 9th of Aug. When he went in he had a different p.o. and they new nothing about it. After much digging, they did find a memo to the bailiff? with a request to have it removed. This p.o. said he would have to get a lawyer and petition the court. I have done some digging, and it seems many sights and blogs agree that a petition to remove it along with an affidavit stating why it should be removed needs to be filed with the judge and the prosecutor the case. My question is twofold: Do we really need a lawyer for this? and Are there forms that we can obtain to do this ourselves?

Asked on 8/09/13, 1:42 pm

1 Answer from Attorneys

Cynthia Henley Cynthia Henley, Lawyer

The law requires that he have the device on his car for at least 1/2 of the probationary term. He is not entitled to have it removed at all during the period of probation; that is discretionary with the judge. Because it is discretionary, it is a very good idea to have a lawyer representing him. No one is going to believe what he says as he has demonstrated that he has a drinking problem. However, a lawyer is not required. There are no forms. Lawyers in the local area generally know the judges and their policies. Some judges will not even consider removing the device while others might. Part of that will also depend on the underlying facts of the offense (accident, etc.)

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Answered on 8/12/13, 4:28 pm

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