Interlock...Lawyers, and all that fun stuff..
If you are thinking about DIVERT or are on DIVERT, get a lawyer that knows what is going on....trust me. This will save you alot of time and guessing "What is going to happen next?" OR tell your lawyer to read my blog ;-)
If you are interested in what interlock to get and what one not to get....ask me!!! My interlock was a NIGHTMARE!!! The one I used was INTOXALOCK....awful!. Not only did I have to order the stupid thing and wait a week while the alarm went off constantly, it was installed by CAR TOYS so I had to wait forever for them to receive it etc. NO BUENO!!
I've seen some really easy to use and small ones out there, also low cost etc. SO ASK!! I want to help anyone on this program to get through as easy and pain free as possible. ;-)
Also, concerning your license....revoke or not, get a good lawyer that knows what's going on. I did not lose my license and I definitely attribute that to my attorney. Best 1,000 $ I've ever spent ;-)
Cheers :) x
If you are interested in what interlock to get and what one not to get....ask me!!! My interlock was a NIGHTMARE!!! The one I used was INTOXALOCK....awful!. Not only did I have to order the stupid thing and wait a week while the alarm went off constantly, it was installed by CAR TOYS so I had to wait forever for them to receive it etc. NO BUENO!!
I've seen some really easy to use and small ones out there, also low cost etc. SO ASK!! I want to help anyone on this program to get through as easy and pain free as possible. ;-)
Also, concerning your license....revoke or not, get a good lawyer that knows what's going on. I did not lose my license and I definitely attribute that to my attorney. Best 1,000 $ I've ever spent ;-)
Cheers :) x
OK, so I have recieved entry into the program...the main thing that concerns me is on the agreement it states I must enroll in a supportive outpatient treatment..but don't I have to first be in an intensive outpatient before I go to supportive? Did you have to do this? My court is this week to sign...but truthfully I do not want to sign..this is my first offense and honestly feel this program is shit...but...I do not know what other route there can be..its all pretty stiff when it comes to dwi...
ReplyDeleteDoes your lawyer know anything about this?? He should be fully aware of anything in the contract. I did not have to do any out patient support classes but from the people on this blog I have heard that is the new thing they've added on.
ReplyDeleteAsk your lawyer and ask the DA. But I don't think you have to do inpatient. This is more like AA.
Please let me know if you have any questions.
And yes the program is crap
Cheers :)
I just signed up for my divert yesterday. I think i got like a 3 on the salc so I'm going to have to go to AA meetings twice a week until I meet with a divert probation officer who will tell me what the outpatient treatment is. I think it will still be twice weekly. It's just better to lie on the SALC if you have use drugs or drank heavily in your past because they bump up your score pretty quickly. I think due to my salc I will also be required to have the interlock for the full 12 months on top of the months I've had it since May when my blood results came in.
ReplyDeleteCan you provide details on how your lawyer was able to prevent your license from being suspended? Mine is rescheduling the hearing with the license department, but only banking on the fact that the officer will not show. I doubt this will happen so I'm curious as to how yours didn't get suspended. Currently waiting for my license to come in with the interlock required restriction.
Wow, I'm so sorry. Yes, the test is a way for them to determine what your salc will be and definitly withholding the truth is recommended. I was a 1 on my salc....but it said I was naieve...etc because I tried to be a "saint". Screw them.
ReplyDeleteAnyway, my attorney rescheduled my hearing so that when the actual date came the officer didnt show. My lawyer was also known for getting people off their DWI and keeping their license...thankfully that was the case. So I'm not sure if there is any other way to keep your liscense but hopefully you will.
Can you recommend me a lawyer I got my first DWI and never been arrested before?
DeleteHi,
DeleteFirst sorry about your DWI. Call my atty, Manginello Law Firm, Ralph is his name 713-443-4781. Experienced and really great guy.
Cheers x
Hello, I am going to start on DIVERT as well and I wanted to know did your suervision officer work with you when it came to work schedules or did you ahve to schedule off alot to meet up with them?
ReplyDeleteHi, Usually your PO will ask what time is good for you. I always went at 7:30 am in order to get to work before 8:30. I believe they are open until 6pm but I'm not positive. Just be aware that not all of them are prompt with their appointments, mine was ALWAYS late. She actually didnt even show up twice so you could possibly be waiting awhile. It also depends on your PO's location, hopefully yours in close to your office etc.
ReplyDeleteHope that helps. Please let me know if you have any other questions. Good luck!
Cheers x
Yea , also for your interlock the recalibrations ....can you get them calibrated on a Saturday or does it have to be when the machine says so ? Thanks
ReplyDeleteI think it depends on the company that you get your interlock from, but I am almost positive you can get it done on saturday. If not they would be losing a lot of clients. I assume you already have yours and it will probably tell you when you have to get it recalibrated. You have a window of a week or so. Good luck :)
ReplyDeletep.s. If you dont have your interlock already def do not get Intoxalock....they are awful :(
Cheers
Lol, no imbout to get it though .. I was thinking of ez lock . Thanks for the info :)
DeleteI am interested in knowing how EZ's service and product are? Would you go with it again?
DeleteI didnt use that one but from what I hear its not that great. The one I saw that was one of the best is smart start interlock. Its really small and not as noisy. Be very careful which one you choose because it can make your 6 months a nightmare. Hope that helps.
DeleteCheers x
That one looks good. The smaller the better, trust me ;-)
ReplyDeleteGood luck and if you have any other questions, just ask :)
Cheers!! x
I went through EZ Interlock. I did not get my drivers license back, so I got the at home monitor. It is HORRIBLE. It goes off even if you have blown at least once within the three windows a day. Because I no longer live in Houston I was assigned the ELMO Tech 3000. With this I do not have to take it to get it calibrated, but the cost of $245 a month feels like a shot in the foot.
ReplyDeleteI am supposed to be eligible for a drivers license after 90 days plus 40 days... not sure why they couldn't just say 130 days. Does anyone know the cost or how that process works? Will I have limitations? I have heard it will cost $1000 for the next three years.
Thanks in advance!
I'm so sorry. That's really horrible!! I know there are some people with the at home but I had no idea it was that bad :(
ReplyDeleteAs for your liscence, I believe you will have to apply for an occupational which from what I hear is around $800.00, but I will double check that. Look up online, occupational liscense and it will tell you how to proceed. You will have hours of when you can drive, probably from working hours and possible weekend hours. The $1,000 for the next years is a legislative fee and I do believe you have to pay that yearly, so that is correct.
I really do feel for you, if there is anything I can do to help please just leave a question or comment.
Good luck x
Yes it's terrible! I was under the impression that you only needed to get an occupational license if you tried to get it back right away without waiting it out for the time period. Let me know what you find out. I wish I would've known about the whole process you went through where your arresting officer didn't show up. That would have been so helpful. My lawyer never once mentioned that. She acted like it was no big deal that I had no DL.
ReplyDeleteWhen did you complete the program? I also scored a 1 on the SALC. Willl they tell you when you can return the breathalyzer? What does the last six months consist of if there is no breathalyzer etc.? Thanks for your answers from your previous experiences!
I'm on the last 2 months of my DIVERT contract, and I also scored a 1 on the SALCE, so I'm guessing that our requirements are more or less the same. The last 6 months are much easier, since most of the meetings, speeches, and stuff that makes you feel like a hardened criminal are out of the way. You might have the opportunity to go on mail-in status with your probation officer, so you only meet with them and do a urinalysis once every 3 months. On the other two months, you just mail a form in to them. You need to pay all the rest of your fees upfront to do that, though.
ReplyDeleteIf you have to use the interlock for 6 months, your probation officer will print you a form to present to the interlock people to have it removed. Do yourself a big favor, and try to schedule your monthly meeting with your officer AFTER your sixth calibration. I met with mine a couple of days before my last calibration, and because he didn't have 6 full months of reports, I had to wait until my next meeting to get the removal form. Paying for an extra unnecessary month with the interlock is a huge pain in the ass - save yourself the stress if you can.
Just stick it out. It will seem easier and more tempting to take chances toward the end, since Harris County isn't on your back nearly as much, but it only takes one slip-up to make your situation exponentially worse. Good luck!
Hi Kevin, Thanks for your input. Its always good to have another perspective :)
ReplyDeleteDestiny,
I also had to wait the period before getting my liscence back but I had the ALR hearing after the waiting period and the officer did not show up. Luckily. The occupational is if you get your liscence suspended at the ALR. If you paid for an attorney make them work and ask all your questions. It will help with some of the anxiety knowing what you are up against. After the 6 months with the breathalyzer my attorney contacted the DA and she emailed the documents to have mine removed. My PO was not on top of things so I went to the DA myself. DO NOT rely on your PO, they dont care and will make you wait, so be sure to contact the DA or tell your PO that your time is up BEFORE the date so you can get that thing off asap. The last 6 months is easy. Mail in PO and every 3 months you go in and do a UA and meet. Its pretty simple. After the 6 months the DA will let you know that you are having a court hearing for dismissal. I did not have to show up for mine. They sign them and you are done. Just be sure you are aware of all your dates and they dont miss anything because they dont care if you are waiting around. Also, if you look up your cause number in the district attorney website you will see all your info. Mine now says I had a DWI and it says dimiss beside it.
Kevin is right about the calibration etc. like I said they dont care so you have to schedule all of your appointments around the PO appointment in order to get your interlock off in time. I had to wait a week more for mine, and trust me you want that thing gone....but you know that already.
I hope you both get through this unscathed. Its a bitch but when your done you will be sooo much happier with your freedom!!
Good luck and anymore questions/comments are welcome to help others who might not know :)
Cheers x
All,
ReplyDeleteI can add a few things here from my experience:
- I used EZ Interlock on Houston Ave. right near the Houston Municipal Court. As much as one could be satisfied having an ignition interlock in my car, these guys were OK. Of course, I have nothing to compare it to, so your mileage may vary. This company had a full Saturday of appointments that you could do, and were also open until about 6 PM weekdays.
- My 6th calibration happened about 5 days before the 6 months were up. So I scheduled an early calibration so that I can get it off after 7 months instead of 8. I would rather pay to get a calibration rather than have the thing in my car for an additional month. I will follow up with an additional post to let you know how it works.
I hope this helps.
B
I read on their site that it is alcohol sensitive...did you have any problems with mouthwash, hand sanitizer, etc? I am terrified it will fault!!
DeleteHas anyone failed their interlock and manage to stay on the program?
ReplyDeleteHi, I was doing my CS with a guy who blew and failed and he continued with the program...so it is possible. He said his PO was very lenient but I wouldn't risk it. Hope that helps.
ReplyDeleteCheers x
Well in response to the Nov. 4 entry, I went recently to my officer appointment, and she gave me the form to get my interlock removed. Unfortunately, she postdated the removal to another month and a week after my appointment date! No reason was given, she just said do it that day. That is 8 months and 5 days total for me.
ReplyDeleteAlso, sorry I tried my best not to use mouthwash, hand sanitizer, sore throat sprays, etc., so I can't comment on the alcohol sensitivity.
B
Hi I had a question as well. I was just admitted into the DIVERT program and I am concerned that this will afftect my job I currently attend UH so i put down that I am a student and did not mention my work status which happens to be at a strip club? Will I still be able to work there?
ReplyDeleteHi, first let me say hang in there. Second, the problem with the work issue is that you can not work or be around alcohol. So if your a bartender, work at a strip club that the main service is alcohol then no you will not be allowed to work there....if you tell them. If the strip club is no alcohol then yes it shouldnt be a problem, but I wouldnt tell them. Leave it that you are a student. They will not know.
ReplyDeleteLet me know if you have any other questions.
Cheers x
I am trying just overwhelmed.They do serve alcohol, however, I am not a bartender. I have not told them where I work I left it as a full time student. However, I am concerned with this condition. I only usually work one day a week because of school. I did not consume alcohol prior to this and I feel that with a interlock they will see that I am clearly not drinking. I live a clean life, as well, and do not nor have I experimented with drugs. Do you think that my future PO will find out this if I continue to work here?
ReplyDeleteI dont think they will find out. They dont do searches etc. As long as you are a student you are fine. Just dont get arrested in the establishment etc. (I know you wont just saying). Keep calm and just keep moving on with your life, it will be over soon ;-)
ReplyDeleteCheers x
Thank you :)
ReplyDeleteMy PO told me that I can't get my Interlock removed at 6 months because I'm under 25. I'm having my lawyer petition it but am feeling defeated nonetheless. This is the FIRST I've heard of this rule and none of my paperwork said anything about it! My PO also was surprised when the court told him this...I can't possibly be the only under 25 offender he has had!!
ReplyDeleteHave you or anyone else here heard of this happening?? Equally helpful would be if you've heard of the opposite - ie someone under 25 getting a removal at 6 months...
Hi, I think I remember reading something about the age of under 25....I actually thought it was younger but I could be wrong. For some reason they are a bit more strict with those who are under a certain age. I have not heard of anyone personally but I've done research. Your lawyer should know, unfortunately sometimes the lawyers have no clue. So you may have to keep the interlock on for a year.
ReplyDeleteI will look more and see what I can find. Please let me know what happens with your appeal.
Cheers x
Well thankfully my lawyer petitioned and got it off. I'm Interlock free!
ReplyDeleteGreat!!! Congrats!! That sounded like a b.s. rule anyhow :)
DeleteCheers x
I am coming up on 6 months with the interlock and was just wondering if only your lawyer can request to remove. Is there anything I can do to request for it to be removed or should my lawyer take care of it? I have tried contacting my lawyer and lo and behold I cannot get a hold of him or any returned calls. Just curious to see if anyone was able to have it remove themselves or should wait for my lawyer to respond..
ReplyDeleteHi,
ReplyDeleteYes on both. You will need to have your PO send the DA paperwork and vise versa. You should get your attorney on this ASAP. The interlock company will not remove the device without the paperwork from the PO, who has to get approval from the DA. You will also have to take a UA the week before your device gets removed and they will want the final reading off the device as well. So the sooner you get all of this lined up the better or it will drag out for another several weeks. Tell your PO that you are coming up for removal because they will overlook it...trust me.
Cheers x
Thanks for the info Lifelesson. Just wanted to follow up on this...still have been trying to get my lawyer since January to find out about the interlock and seems like he keeps blowing me off and not getting any answers. Any chance I should just try getting another lawyer to look into this. Just do not know how much that would cost me. My PO is telling i have to have it on for a year and she needs the judges approval to remove. This is driving me crazy, has been 8 months now. Any idea on the cost of hiring another lawyer just to ask about the interlock? Has anyone else have had this issue?
ReplyDeleteThe best to me is Smart Start and there is a location on Interstate 10 @ Wilcrest on the West side of Houston. The guys are very respectful and calibration takes only like 5 minutes.
ReplyDeleteThe interlock is easy to use and I am yet to experience any problems except the very first when it was not setup properly and kept going off every 2 minutes...I almost passed out from blowing into it..(New found respect for females,,lol)