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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 32154
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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My daughter was arrested for DWI (2nd), but has not been convicted.

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My daughter was arrested for DWI (2nd), but has not been convicted. She is required to put a breathalyzer in her car as condition of her bond. Her car was totaled (other driver at fault) two weeks later and now she has no car. The arrest occurred on Oct. 17 and her blood test has not come back yet. They are telling her she must install the breathalyzer in her home and blow into it every 5 hours. How is she supposed to go to work on the bus and do this? Can the state of Texas require this?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Dwayne B. replied 5 years ago.
Texas has been allowed to place Breathalyzers on cars as a condition of bond, but if she is not driving and they are requiring her to do this at her home then this seems a little extreme. What it is doing is restricting her liberty without a conviction. If it is appealed it is likely it would be reversed.

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