Legal Question in DUI Law in Texas

I am currently on probation for a DWI and have a conviction. I have met all terms of probation and paid all fees. I am set to be released next month. I have an ignition interlock in my car until then as part of my probation. The other morning my bf had to move my car bc it was blocking his and violated my breathalizer. There is no way he was over legal limit but possible he did have some alcohol in his system from night before. Anyway, the court will not find out about this violation until after I have been released and have interlock out of my car. My question is.... What will they do when they discover this violation? I don't think they can charge me with a new crime. And how can they revoke my probation if I completed it. Please help. Thank you


Asked on 1/31/11, 9:07 am

2 Answers from Attorneys
Paul Walcutt Law Office of Paul Holt Walcutt

If you have completed the probation by the time the court discovers the violation, then there is nothing that can legally be done to you. The probation department and the court should be aware that they cannot file a motion to revoke after your completion date so they shouldn't file anything, but stranger things have happened.

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Answered on 2/08/11, 2:37 pm
Keith Engelke Law Office of S. Keith Engelke

Check whether your ignition interlock unit has a camera. If so there is no way you could have violated your probation if you were not driving the car when it was triggered.

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Answered on 2/08/11, 2:53 pm


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