What Does the Judge’s Order Require?

By Allen, Texas Criminal Defense Lawyer Kyle T. Therrian
Office Number: (972) 562-7549
24 Hr Jail Release: (214) 403-6522


There are a handful of characters with which a person charged with DWI must interact. Police, bondsmen, supervision officers, etc., their existence is necessitated by our criminal process. People who have never been involved in the criminal process tend to give total deference toward the people they are forced to interact.

This deference seems to be taken advantage of when it comes to the installation and administration of deep lung devices (ignition interlock). The law provides for three opportunities during the course of a DWI case for the judge to order the installation of such a device (CLICK HERE FOR MORE). Like any other judicial order, the order to have a deep lung device installed has several simple characteristics: it is specific, it is pronounced and usually reduced to writing, it binds a named individual to comply. Lately, the specific terms of these orders have been twisted and perverted by those responsible for installing and administering the deep lung device.

Installation of a Camera With the Deep Lung Device

Adding insult to injury along with additional costs is turning into a pastime for those who seek to influence the DWI laws in Texas and putting a camera in your car is squarely within those criteria. Some officers with the Pretrial Release Department claim policy requires a camera. Not to be outdone, the installers will frequently bully their customers to do the same. The fact is neither policy nor socket wrench determines what is installed in your vehicle. An individual is subject to no more and no less than the specific terms of the judge’s order.

Removal of the Deep Lung Device

Of equal frustration is the refusal by some companies to remove their device and cease billing when the judge’s installation order expires. Some companies like to put themselves in the shoes of the pretrial release or probation officer and tell their customers what they can and cannot do. Let there be no mistake–the deep lung device company is a business like any other, a business whose existence and sole purpose is to make a profit. The practice of creating fake legal obstacles to removing their hardware (such as requiring a “removal order”) equates to increased profit. Many lawyers view this policy as a deceptive trade practice.

What to do When This Happens to You?

It can be difficult to assert your rights to individuals who have a limited understanding of what your rights exactly are. When you are in a situation like any of those described above, you should remain calm and contact a lawyer if you feel you are being forced to do something that you are not required to do. If you are fortunate enough to stumble upon this article before installing a deep lung device, you should consider shopping your options and the various companies/local installers that are available. Unless explicitly stated by the judge, there is no restriction on which company/location you go through to acquire a deep lung device.

*Kyle Therrian is an attorney licensed to practice in the State of Texas. Nothing in this article is intended to be legal advice. For legal advice on any case you should contact an attorney directly.

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