DWI Probation in Texas–Early Removal of the DLD

By Bo Kalabus
bo@kalabuslaw.com
Office: 972-562-7549
www.rosenthalwadas.com
24-Hour Jail Release 214-402-4364

The Deep Lung Device, otherwise known as the DLD is considered to be one of the most hated and feared conditions of DWI probation. Let’s face it–blowing into a machine every time you start your car is not cool and it’s downright embarrassing. The DLD is very intrusive because it also requires you to periodically blow into it while you are driving the car. It’s also inconvenient having to drive to the provider at least once a month to have the DLD calibrated. Moreover, the DLD is a machine and machines can break down leaving you locked out of being able to start your car. And finally, the DLD at approximately $100 to install and around $70 a month is expensive.

As you can expect after reading the above, the number one question I hear about the DLD is “when can I get this this off my car??” A Texas probationer is eligible to have the DLD removed after they have served half of their DWI probation. Eligible is the key word here–just because half the probation is served does not mean the probationer will get it off as the final decision on early DLD removal is up to the discretion of the judge. What the probationer has to do is file, or have a lawyer file, a motion to modify the conditions of his/her probation. The judge will consider the motion and make a decision following a hearing.

In making his decision the judge will most likely give the most consideration to the data collected on the probationer’s DLD to date. High alcohol alerts on the DLD data will not go over well with the judge. Also, if there are a low number of starts on the car, the judge may think you are driving a different car without a DLD and this will mean you will be stuck with the DLD for the duration of your probation. The judge may also call your probation officer and see if you are caught up on the other conditions of your probation and see how you have been doing on probation overall.

As you can see, DLD goes on easy, but it’s very hard to get off. If may be worth your time to have an experienced lawyer navigate the process with you.

 

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