What to do if someone is ordered to get a breathalyzer installed in their vehicle, but they don’t own one?

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What to do if someone is ordered to get a breathalyzer installed in their vehicle, but they don’t own one?

My husband has been instructed to get a breathalyzer installed. However he currently does not have a car. Will this be an issue? Obviously we intend on getting a car soon.

Asked on March 31, 2011 under Criminal Law, Illinois

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Then he needs to meet the intent of the order. If you don't own a vehicle, then your husband needs to go back to court and either get a stay on the order until the family gets the vehicle or what the court may do is require your husband to either forfeit his license for a while or obtain a breathalyzer test that is mandatory on a daily basis. Not sure what the court will do but to avoid your husband unwittingly being in contempt of the order, especially if there is a probation officer involved, you may wish to get to court sooner rather than later. If your husband was represented by counsel, then he should consult with his attorney about this matter before moving forward.


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