DLD Violation Hearings – Consequences and How to Defend Them

By Bo Kalabus
bo@kalabuslaw.com
Office: 972-562-7549
Collin County 24 Hour Jail Release 214-402-4364
www.rosenthalwadas.com
 
An Ignition Interlock or Deep Lung Device (DLD) is a portable machine that is installed on the vehicle to prevent the car from starting if it detects alcohol in the driver’s system. Depending on certain circumstances, such as a high BAC, accident, or multiple DWIs, a person may be required to have a DLD installed on their vehicle as a condition of bond for a DWI arrest. If a person is not driving, a judge may order that the person have a home alcohol-monitoring device they have to blow into at certain times of the day. The providers of the devices send reports to the courts once a month to determine if a person is having alcohol violations.
 
If you are ordered to have one of these devices while you are on bond for a DWI charge, you certainly have to watch your step. A person is on bond until the DWI case is resolved by going to trial or by taking a plea agreement. It can take several months up to a year from the time of arrest until the case is resolved. The primary condition of a DWI bond is to not consume any alcohol. This can be a harder request for some than others. If a person consumes alcohol while on bond, these devices will certainly catch your actions at some point. If that is the case, the judge will set what is called a DLD violation hearing.
 
The stakes are high at one of these violation hearings as the judge has the power to hold your current bond insufficient, which means you are immediately taken to jail following the hearing. At this point, the judge can then set a much higher dollar bond amount and/or may add additional conditions such as AA meetings, or adding a SCRAM device—a alcohol/drug monitor attached to the ankle of the person. Depending on the circumstances of the situation the judge may also have you held with no bond, which means you will be unable to get out of jail until your criminal charge is resolved.
I have helped many clients navigate these tricky waters by getting to the heart of the issues the client is going through and developing an action plan to present to the judge. Every situation is different and there is a big difference between a malfunctioning device and a person that is struggling with addiction. If you are having problems while on bond for a DWI charge, give me a call.

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