Interlock Violation While Out on Bond

[lauren2373]

My question involves criminal law for the state of: Texas

A couple of years ago I was charged with a 1st DWI and posted bond (there was no condition of bond for an interlock device) although I was convicted of a 1st DWI 25 years ago, I guess they didn't find the first one. The recent case was set for jury trial and before the trial they found the conviction from 25 years ago and offered a plea bargain to give me the penalities of a 1st DWI in exchange for a guilty plea.

Due to the weakness of the most recent case I did not take the offer and they dismissed the original charge and charged me with a 2nd DWI which generated a new warrant for my arrest. Once the warrant was issued I went to a bondsman and paid bail and walked into the jail with my bail bond in hand and turned myself in and was released a couple of hours later. (I was arrested twice for the same charge.) When I was released, AGAIN I was not given any conditions of bond to install an interlock device on my vehicle and did not deal with a magistrate or judge.

Over the next several months we went through the arraignment, pre-trial motions, and plea. At the plea when they set the date for the jury trial the court administrator noticed that I was never given a condition of bond to install an interlock device. She wrote on a sticky note and attached it to her business card to get an interlock install and bring back proof to her within 14 days, which I did promptly.

I'm confused on how conditions of bonds are handled, is this a formal document outlining the conditions signed by a judge and myself???

My question is twofold...have I been given a formal condition of bond although I have never received any paperwork stating the conditions? What are the consequenses if I blow an interlock violation for alcohol on breath although I have no condition of bond stating to abstain from alcohol?

[aaron]

Normally a bond hearing is held at which bond is set and any special requirements are added to or substituted for those in a standard order governing pretrial release. It's possible that the standard order for bond in your county for a second DUI includes the requirement of an interlock device; unfortunately we cannot investigate that for you. You can check the court file to see if there's an order describing your bond and any associated conditions; your bondsman may have a copy.

If you violate the terms of your bond you can be arrested and detained pending an additional review, and possibly detained until trial. Whether or not a positive test on the interlock will violate your bond depends on the terms of your bond.