Asked 9/23/2016 – Dallas, TX

I am on first offense DWI probation in Dallas county. I have one month left of probation and would like to know what I can do to get the interlock out of my car as soon as possible. Smart Start showed me paperwork of where my PO can sign to have it removed. However, when I talked to my PO about it and she said she didn’t have the authority, but that was to have it removed early and not once probation ends. My attorney is very slow and I am planning a trip the following week with friends (since I haven’t been able to leave the county for 15 months) and we would like to take my car. I was told by Smart Start that it will take 48 hours to process once they get the document they need. I basically have a week in between when probation ends and when we are planning on leaving, and I’m wanting to get on the ball with what I need to do so that we can go on a road trip.
1.) Can the PO sign the order of removal once probation expires?
2.) Could the court Clerk sign the order once probation expires, or would I have to see the judge?
3.) What is typical wait time to get the order of removal once probation expires?
4.) Would I get in trouble for removing it myself after probation is over?

Answer

Judges sign orders, not clerks or probation officers. You may appear at the court that granted your probation and request an order to remove the interlock device. The clerk of the court will have a standard order available, and you will not need a formal court hearing or anything like that. Once you have a signed order, bring it to the interlock provider and have the device removed. If you attempt to remove the device yourself, you are liable for any damages done to the machine, which could cost you a lot of money.