Probation is one of the most common penalties for Texans charged with driving while intoxicated (DWI). If you received a DWI and are wondering whether you may qualify for probation, call a law firm with years of legal experience and success. Call Blass Law PLLC to get started with a Houston DWI probation lawyer.
Our Houston DWI lawyer will fight to get you the best outcome possible for your case.
How To Receive Probation in DWI Cases
Qualifying first-time and second-time offenders who plead guilty or no contest to DWIs may receive probation in Harris County. To be eligible for misdemeanor probation, defendants must convince the judge to grant it.
A judge may not want to grant probation when a person has multiple prior convictions, is in a major accident, has a high blood alcohol concentration (BAC), or has a significant criminal history.
Suspended Sentence Probation for DWIs
As our Houston criminal defense lawyers can explain, when a defendant is granted probation, the judge suspends the jail sentence and imposes community supervision. This could be possible in first-time DWI offenses, more severe cases, and those that involve repeat offenders.
However, you should be aware that the possibility of spending time behind bars increases with each conviction. The same is true for defendants who may have failed a breathalyzer or gotten into a car accident while allegedly under the influence.
How To Receive Suspended Sentencing
A suspended sentence with probation allows defendants to keep their freedom under state supervision. State prosecutors and judges may consider suspended sentencing if your Houston DWI probation attorney can make the argument for it. This can occur if you are a repeat offender or have another conviction.
You must complete the court-ordered requirements to receive suspended sentencing. However, violating the terms of a DWI probation from suspended sentencing could result in immediate incarceration.
Can You Get Deferred Adjudication for a DWI?
A deferred adjudication means that you plead guilty to driving while intoxicated. Still, the judge in your case may postpone or defer finding you guilty if you complete the requirements of community supervision.
Once you have successfully completed the conditions of your community supervision, the judge can set aside your guilty plea, and you will not have a conviction on your record. In Texas, deferred adjudication for DWI cases is not the same as a dismissal, as it remains on your record.
How Pretrial Diversion Works in DWI Cases
In some cases, DWI defendants can enter a contract with the state and potentially have their criminal charges dismissed if the terms and conditions of their contract are completed. This is similar to probation, but it is not the same process.
In this process, the district attorney may dismiss the charge upon successful completion of the terms of the agreement. This is called a pretrial intervention program.
Are Pretrial Diversions Valuable in DWI Cases?
Pretrial diversions can be a valuable way to avoid a criminal record. Following the DWI pretrial diversion, your Houston criminal record expungement lawyer may be able to file for an expunction. An expunction erases the arrest and criminal case from your record.
However, failure to meet the terms of the contract often results in the state proceeding with the case and prosecution.
It’s very important to get our firm involved as soon as possible so we can determine whether pretrial diversion is a good option for you and plead your case, possibly before charges are filed.
Texas DWI Probation Penalties
Determining the terms and conditions of a DWI probation involves negotiations between a criminal defense attorney and government prosecutors. Your attorney will work to get you the best possible outcome, including reduced or no jail time and reduced fines.
Reducing your time in jail will likely come with increased “community supervision” or probation.
Common conditions of DWI probation in Texas include:
- Fines and fees: There are generally fines and court costs associated with DWI probation sentences. Beyond those, you could expect to pay for at least a portion of the probation supervision costs and restitution if you were involved in an accident or a victim incurred a loss.
- Probation officer or community supervisor monitoring: People on probation are assigned a probation officer who will schedule monthly meetings. Your probation officer reports to the court. Missing a meeting could result in a DWI probation violation.
- Alcohol education requirements: The court often mandates classes to educate offenders about the dangers of alcohol and substance abuse. These include the Texas DWI Education Program and Victim Impact Panel offered by Mothers Against Drunk Driving. The court often requires those on probation to complete an education program within six months.
- Random screenings: The court will require your abstinence from alcohol and drugs during probation. Failed or skipped drug screenings can result in revoked probation, additional hours of community service, and jail time.
- The installation of an ignition interlock system: The court may require you to have an alcohol monitoring device installed in your vehicle at your own expense. This is often a condition of probation if the probationer is allowed to maintain driving privileges.
Along with these conditions, people on DWI probation are generally tasked with community service, must remain under travel restrictions, and cannot commit a crime. Just as DWI offenses are met with harsh penalties in Texas, the courts do not tolerate probation violations.
How Long Does Probation Last?
Probation periods vary depending on the circumstances. However, the maximum term of probation for a misdemeanor is two years.
Despite this, you could have your probation terms altered if you have successfully kept to all of the requirements set out by your probation for a certain period. For example, you may be allowed to visit your probation officer less frequently, or your community service hours may be decreased.
Modifications to DWI probation are not guaranteed, however, and will vary for different cases.
How Can a Houston DWI Probation Lawyer Help You?
Harris County courts are known for imposing harsh penalties on people convicted of DWIs. Judges are quick to take away your driver’s license, impose fines that cost a lot, and even put people behind bars if found guilty.
If you are convicted of any DWI offense in Texas, probation could be part of your sentence. The length and inconvenience level of the probation depend on the severity of the charge and the skill of your Houston DWI probation attorney.
If you were charged with a crime, you are presumed innocent unless proven guilty by a court of law. You have a right to work with a Houston DWI probation legal team that can defend you against unfair allegations that could harm your well-being and livelihood.
Your DWI probation lawyer, Jay Blass Cohen, could help your case by providing legal representation.
Determining Whether Your Arrest Was “By the Book”
Law enforcement officials do not always conduct arrests in good faith. To arrest you, they must have had probable cause or reasonable suspicion that you were driving under the influence of alcohol or drugs. These substances must have directly caused you to lose normal use of your mental or physical faculties. If they asked you to participate in field sobriety testing or take a Breathalyzer without probable cause or reasonable suspicion, we may be able to get the charges thrown out.
Additionally, if you were arrested but the officer did not read your Miranda rights, certain statements you made after the arrest could be suppressed.
Your Houston DWI defense lawyer could look at the available evidence to ensure your arrest was made legally and that you don’t face the severe consequences of a bad traffic stop.
Disputing the Results of a Blood or Breath Test
You might have been tested for intoxication with a breathalyzer at the scene of your arrest. However, even if the results exceeded the legal limit, that doesn’t matter. In Texas, handheld roadside breathalyzers are not admissible, meaning the prosecution can’t use them at your trial.
The only breathalyzers approved for evidential breath testing are the Intoxilyzer 5000 and the Intoxilyzer 9000, and neither fits in an officer’s pocket. Even testing at the police station can lead to problems.
For instance, the results may be inaccurate if you ate, smoked, or drank 20 minutes before taking the test. Your Houston DWI probation lawyer can determine whether your test results were properly collected or interpreted. If not, your lawyer can move to have them dismissed from your case.
Getting Your Case Dismissed
Depending on the circumstances of your case, we may be able to get your charges dismissed. We have a long history of getting both first-time and subsequent DWIs dismissed.
Why You Want Jay to Fight for You
Jay Blass Cohen isn’t your run-of-the-mill criminal defense attorney. He is certified as an ACS-CHAL Forensic Lawyer-Scientist, as well as in forensic chromatography for alcohol and drugs.
He is also a certified Standardized Field Sobriety testing practitioner and instructor. He can break down all the arguments against you, looking at them as both a lawyer and a scientist. Instead of hiring an expert witness, Jay can use his own experience and knowledge for you.
What Happens if You Violate Your DWI Probation?
The court views your probation as your last chance to stay out of jail. Any probation violation can quickly result in an arrest warrant. The probation officer managing your case or the state prosecutor could file a motion to revoke your probation. A Houston probation violation lawyer can step in to protect your rights, respond to the allegations, and work to keep you out of custody.
Common reasons why a DWI probation may be revoked:
- An arrest while on probation
- A new law violation
- Failing to make court-ordered payments for fines, fees, or restitution
- Failing to attend educational classes
- Drinking while on probation
- Failing to complete community service
Once the state has filed a motion to revoke probation, you will be entitled to a hearing. The court will decide whether to keep you on probation or revoke probation entirely and move forward with sentencing. This sentencing could include incarceration or other punitive measures.
Your Houston DWI Probation Lawyer Can Help You Build an Argument in Your DWI Defense Case
Probation violators face an uphill legal battle because the burden of proof is lower in this type of hearing. It’s up to your attorney to provide an effective defense strategy and prove you did not violate the terms and conditions of your probation.
The other alternative is to present mitigating circumstances and persuade the court to allow you to remain out of jail. A lawyer can determine the best strategy for your situation.
What To Do If You Are Suspected of a DWI
If you’ve been pulled over for a DWI, you could do a few things to aid your case.
- Always be courteous and obey the police officer’s directions.
- You have rights and should exercise them. For example, you can remain silent and refuse a field sobriety test.
- Do not answer questions that might lead to your incrimination or undergo a field sobriety test.
- You typically won’t be asked to perform standardized field sobriety tests unless the officer thinks you are showing signs of impairment.
- The Texas Transportation Code states that if the police ask you to perform a breathalyzer or blood alcohol test and you refuse, the penalty could be worse than if you agreed.
- Finally, contact a Houston criminal defense lawyer from our team for assistance if you are arrested for a DWI after a Texas traffic stop. This might make the difference between the judge revoking your probation or having a chance to avoid county jail time.
Get Help from a Houston DWI Probation Attorney from Blass Law Today
A Houston DWI probation attorney could represent your interests and defend your rights if you received a DWI. The attorneys at Blass Law will seek the best result for your case, whether this is your first DWI offense or an additional charge while on probation.
You have a short time to defend yourself and reduce your penalties, so contact a Houston DWI probation lawyer at our law firm today. The quicker you get in touch with us, the better. We may be able to get your charges dismissed, get you into a pretrial intervention program, or help you build your case for probation early.