As I understand the currect 42.12 law, if you blow over 0.15 you have an interlock installed during any community supervision.

However, if I want to plead someone without the interlock, am I correct in that all I have to do it not allege the 0.15 in the plea papers or judgement?

Cory Kneeland

If you have a .15 breath test, why in the world would you do the defendant any favors? Is there some compelling reason why he should be allowed to drive without an interlock?

Include the interlock. It is part of the punishment designed to have a deterrent effect.

There is no one within 50 miles of us who offers the interlock, and they won't come to our community - that's one reason for not doing it!

Lisa L. Peterson
Nolan County Attorney

If the interlock company and its representatives will not come to your area to install the interlock device on the convicted defendant's car, then why can the trial court not require the convicted defendant to take his or her car to the company's location for installation?

Stated differently, if the mountain will not come to Mohammed, can't Mohammed still go to the mountain?

To answer your question, yes, just don't include the .015 paragraph in your plea papers. But to jump on the bandwagon, if the dude is over .015, he is really, really messed up and needs to be punished hard.

I agree with what both sides said here...

He was tanked, and I will TCB on this one

Cory Kneeland

quote:

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Originally posted by Lisa Peterson:
There is no one within 50 miles of us who offers the interlock, and they won't come to our community - that's one reason for not doing it!

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You just need to make it worth their while...give interlock to every DWI defendant!

Wes,

I love the way you think man!!

No one thinks we might go a little easier on this guy who cooperated and blew, rather than punishing him further for NOT hiding the ball?

This is the insanity of DWI law. It's all over the place. Tell the defendant, when he gets his DL, that he is officially consenting to provide breath or blood upon a DWI arrest. Then, when he is faced with providing that sample (while he is drunk), give him new information that he can refuse, but then it will be used against him. Of course, should he then consent (again?), punish him for blowing too high. I tell you, it's enough to drive a man or woman to drink.