DLD Violation Hearings – Consequences and How to Defend Them

By Bo Kalabus
Office: 972-562-7549
Collin County 24 Hour Jail Release 214-402-4364
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.

The Criminal Charges Against Me Have Been Dropped, Now What?!


214-402-4364-Writ Bond Hotline
Office: 972-369-0577

If you have been arrested for a crime and those charges are later dropped, or refused for prosecution by the District Attorney, that’s great news.  However, you will still need to proactively remove the arrest from your record.

I’ve seen this situation happen in both misdemeanor and felony cases for clients where the police thought at the time they had enough evidence to arrest for an offense; however, after further review, the intake prosecutor believed for whatever reason they could not make the case and refused to accept it for filing or presentation to the Grand Jury.

When the case is refused, the District Attorney issues a drop charge letter to the police agency that arrested the person informing them the arrested person will not be prosecuted by the District Attorney.  It also instructs that if the person has an outstanding warrant due to the charge, then the warrant is to be recalled.  Moreover, if the person has been released from jail on a cash bond on the charge, the bond is to be discharged and the bond money be returned to the person named in the receipt for the bond.

Even though the case has been dropped, the arrest is still on your record until you file for an expunction.  An expunction is a civil lawsuit that will need to be filed to properly clear the arrest off your record.  Even though the case has been dropped, you will have to wait the applicable waiting period to let the statute of limitations run for the offense before moving forward with an expunction.

If you have been arrested for an offense and that charge was later dropped or dismissed, give me a call to discuss your options and make sure the arrest is properly cleared from your record.

Top 5 Mistakes People Make When Arrested in Dallas and Collin Counties

By Bo Kalabus
24-hour Jail Release: 214-402-4364

1) Talking

Usually immediately following an arrest comes an investigation. Remember always that a person charged with a crime has the right to remain silent. Giving an investigator details about the alleged crime may ultimately hurt their case for a variety of reasons. For example, due to the emotional nature of the event a person may say something they don’t necessarily mean that can hurt them in the long run for being taken out of context, or the person may admit to something that they did not do. Not matter how much a person thinks-“I got this” they don’t.

2) Not consulting with an attorney

Things will happen quickly in a criminal investigation. Having competent legal counsel by your side from the beginning will assure that the arrested person’s rights are protected and vital evidence is saved. For example, in a assault case, the arrested person might actually be the victim instead of the aggressor and the person can provide evidence of it in the form of injuries they sustained. A competent attorney will make sure those injuries are documented in photographs before they are healed.

3) Ignoring the case

Being arrested is a humiliating and horrible experience. But, you can’t sit by and think it will go away by itself. If left alone, the situation will worsen significantly because the District Attorney’s office will not ignore the case. The DA has an aggressive unit of prosecutors that will want to seek the highest punishment available against a person charged with AFV.  The prosecutor is playing with house money and they want to get a conviction. The longer a person waits the more rights and opportunities are lost. Before long, the person will have painted themselves into a corner with little or no options available.

4) Making a quick decision

As with any decision for a defendant involved in a criminal case, speed hurts. Usually rushing to get a bad memory behind you can be a very bad strategy for a criminal case. Attitudes regarding the arrest can change over time and usually the best outcomes occur deep into the defense of a case.


5) Don’t Panic

An arrest for any crime is an extremely traumatic event. A person has stress over concerns for their spouse, children, job, and anxiety from fear of the unknown. I understand this and will provide you with as many options for your case as we can under the circumstances.

How Social Media Can Hurt You in a Criminal Case

By Bo Kalabus
24-hour Jail Release: 214-402-4364

If you have a pending criminal case, or if you believe you may be under criminal investigation in Texas, you have to appreciate just how powerful social media sites like Facebook and Twitter can be on the outcome of your case (or investigation) before it even gets started.

Social media first became popular to young people years ago and now just about everyone is connecting online in some way. You can usually find out some basic information about a person you have just met by searching their name on Facebook. Prosecutors and investigators understand this and will do the same thing. What does you Facebook wall or Twitter page say about what type of person you are?

To help keep yourself away from potential social media legal issues, you must first understand how social media posts can impact you in criminal cases.

It’s possible the words you write and pictures or videos you post can prove damaging in criminal cases. Although it may seem harmless at first, these communications become important when posts demonstrate you did or said something at the time it was posted. The quote will be there good or bad with no context. For example, if you post on Facebook how angry you are at a person and the next day you are in a fight with them and get arrested for assault, the State may use your quote to show your state of mind to try to prove you were the aggressor. Here are some other examples I commonly see in my practice

  • Descriptions and announcements of behavior
           Threats, anger, depression, “wanting to get hammered”, bragging about crimes, etc.
  •  Descriptions or photos of drug use, paraphernalia, or other instruments of criminal activity
          Drugs, illegally obtained firearms, and other illegal weapons
  • Statements or images that place you at a given location
         Checking in at bars (or multiple bars) at a specific times, or pictures of drinking—usually not good evidence in DWIs cases-especially if you are bond for a DWI      charge.
  •  Images or descriptions that implicate you in more serious crimes or illegal activity
         Pictures of you with large amounts of drugs, stolen property, or firearms.

Although you may believe these thoughts or pictures are protected from public view based on what you have selected in your account’s privacy settings; however, the settings guarantee nothing. Facebook and other platforms actively participate with law enforcement to reveal “protected” information. Never assume information you put online isn’t accessible to those who might be investigating you for evidence of criminal activity.

Recent Case Win—Dismissal on Carrying a Gun into DFW Airport Charge by Bo Kalabus

214-402-4364-Writ Bond Hotline
Office: 972-562-7549

The client was charged with felony possession of a firearm in places weapons are prohibited after he tried to get through security at DWF Airport with a handgun in his carry-on baggage. The client had just returned from a hunting trip the day before and had forgotten the handgun was in his bag in his haste to get out the door and catch his flight for a work conference. After negotiations with the prosecutors, the State of Texas agreed to dismiss the charges in the interest of justice since it would have been an uphill battle to prove my client intended to carry the handgun into the airport as opposed to an oversight. This dismissal was a huge relief for my client and he was pleased with the result, as he will be able to clear the charge from his record.

Recent Case Win: Dallas 5th Court of Appeals Reverses Collin County Trial Court Conviction

By Bo Kalabus
Writ Bond 24-Hotline 214-402-4364
Office 972-562-7549

Last October I participated in oral arguments before the 5th Court of Appeals in Dallas on a case regarding the constitutionality of a mandatory blood draw taken from my client without without his consent or a warrant under Chapter 724 of the Texas Transportation Code following an arrest for DWI with an accident.

My argument centered on the lack of exigent circumstances (an exception to the warrant requirement) that existed in the facts on the night in question, the ease with which the arresting officer could have obtained a search warrant, and the implied consent statute (724) does not take into account the totality of the circumstances regarding exigency. In short, the way my client’s blood was taken violated his 4th amendment rights.

The Court of Appeals agreed, issuing a lengthy 26 page opinion last February holding that my client’s constitutional rights were violated when his blood was drawn without a warrant. More specifically:

1) the trial court erred by concluding that based on the totality of the circumstances, exigency was met and the warrantless mandatory blood draw performed on my client was constitutional; and
2) the taking of my client’s blood without a warrant under Chapter 724 of the Texas Transportation Code was a violation of my client’s 4th Amendment rights and the results of the blood test should have been excluded.

It’s been a long road for my client-the original hearing to exclude the blood before the Collin County trial court took place in July of 2013, but the results have been worth it. I have enjoyed being on the leading edge of shaping the law regarding warrantless blood draw issues that have followed the Supreme Court’s 2013 ruling in McNeeley v. Missouri.

Texas Super Lawyer

214-402-4364-Writ Bond Hotline
Office: 972-562-7549

Bo Kalabus was named a Texas Super Lawyer for the third year in a row. See Bo’s Profile here.

Recent Case Win—Dismissal on Theft Case by Bo Kalabus

214-402-4364-Writ Bond Hotline; Office: 972-562-7549


The client was charged for the offense of theft under $50.  The charge, based on the facts of the case, was a Class C misdemeanor—punishable up to a $500 fine.  The client had paid for over $220 worth of goods at the Dillard’s register; however, she had walked out the door with 2 bracelets on her wrist that she had tried on, but forgotten to take off.  The bracelets were worth $20 and Dillard’s pressed charges.  After negotiations, the State of Texas agreed to dismiss the charges in the interest of justice beca


use it did not make sense that a person would buy $220 worth of merchandise just to steal $20 worth of merchandise.  The client will be able to clear the charge from her record.  This dismissal was a huge relief for my client and she was pleased with the result.  Hope it was worth it Dillard’s—you lost a customer for life.



Recent Case Win-Reduction Granted on Theft Case by Bo Kalabus

214-402-4364–24Hour Jail Release

By Bo Kalabus; bo@kalabuslaw.com;

www.rosenthalwadas.com; www.kalabuslaw.com

Office: 972-562-7549 24

The client was arrested for the offense of theft. The charge, based on the facts of the case, was a Class B misdemeanor—punishable up to 180 days in jail and a $2,000 fine. The facts of the case were not very good for my client. Plus the client was on parole after doing a stint in jail for felony theft.

I went to work on the case to see if there would be another way to approach the case instead going to trial, which based on the evidence did not look very promising for a good result. It always pays to listen to the client, so I interviewed her extensively and through our discussions I discovered that she had a very difficult emotional past. However, my client realized that she needed to make a change in her life and started going to counseling. As my client started turning her life around, I began negotiating with the prosecutors and was able to get the State to agree that if my client satisfied certain conditions, the State would reduce the charge to a Class C misdemeanor level offense with deferred adjudication. This reduction of the offense made the original theft charge the equivalent of a traffic ticket—a Class C misdemeanor is punishable by up to a $500 fine and no jail time.

Following a 6-month period of non-reporting probation (just stay out of trouble) my client will be able to get the charge off her record. Getting a charge like this reduced to a Class C level offense is critical because you can remove a Class C deferred adjudication offense off your record, but you can’t remove a Class B misdemeanor deferred from your record completely, so this reduction resulted in huge relief for my client that has worked very hard at getting her life back on track.

Dallas Judge Charged With Family Violence–Interesting Story Developing

214-402-4364 (24 hour jail release) 972-562-7549 (Office)

bo@kalabuslaw.com (email) www.kalabuslaw.com; www.rosenthalwadas.com

State District Judge Carlos Cortez was arrested and charged with family violence assault for allegedly choking his girlfriend, leaning her over the edge of the balcony at his Uptown condominium, and threatening to kill her this last week.  Judge Cortez has filed a motion challenging the allegations in an effort to remove the emergency protective order placed against him after the incident.  In the motion, Judge Cortez argues that his girlfriend was highly intoxicated and tried to kill herself by attempting to jump off the balcony of which he stopped her from doing so.  Full story HERE.

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