Although many people get probation for their first or second DWI, this alternative to jail is not automatic. You must be eligible for probation and convince the judge to order probation. Not everyone qualifies for probation if they get convicted of a DWI in Bellaire.
Still, our Bellaire DWI lawyer can work hard to get you the best possible outcome in your circumstances and fight to keep you out of jail. Sometimes, we can even get probation granted if you are already on probation and get arrested for a DWI.
Laws that May Apply to Your Bellaire, TX DWI Case
It is possible to get convicted of a DWI in the state of Texas if you have a blood alcohol concentration (BAC) of 0.08 or higher under TX Penal Code § 49.04.
Texas Transportation Code § 724.011 states that you are “deemed” to have consented to take blood tests, breath tests, or both if you get arrested for suspicion of a DWI. You can still refuse a breath or blood test, however it’s likely in Harris county the officer will get a search warrant from a judge and forcibly draw blood. If convicted of the charges, your Bellaire criminal defense lawyer can argue for the judge to sentence you to probation instead of jail.
Our Bellaire DWI Probation Lawyer Can Help Your Case
If you were charged with a DWI in Bellaire, our DWI probation attorney can build a case to defend you. If probation is the best outcome, we will work to present the judge with a case that results in probation rather than jail time. We can:
- Determine the validity of your charges
- Examine the details of your case to find out what evidence can be suppressed
- Find out if the results of the blood or breath tests you took were faulty
- Defend you in court hearings
- Gather evidence that supports our defense
At Blass Law, we are experienced in helping clients who face alcohol-related charges. If you were charged with a DWI, our probation attorney can fight for a fair case outcome.
What DWI Probation in Bellaire Can Involve
Probation is a form of community supervision. The judge will set forth specific terms that you must follow. If you violate any of the terms, the judge could revoke your probation and send you to jail.
In some cases, the length of the probation is longer than the jail time the judge might have imposed.
DWI probation in Texas can include these terms:
Reduced Jail Time or No Jail Time
At your sentencing, the judge might send you to jail for a specified amount of time. They can order that you get released after serving that time and then serve a set length of probation. Usually, the judge orders you to be released immediately on probation without having to serve any jail time.
Paying Fees
You will likely have to pay court costs, fines, and other items. These additional items can include some of the costs of the supervision. Also, you might owe restitution to people who had property loss or got injured if your DWI involved a collision.
Meetings With a Probation Officer
The terms of your probation will likely include mandatory, regular meetings with your probation officer or community supervision officer. You might have to meet once a month or on a different schedule. If you do not attend your scheduled meetings, your probation officer could report it to the court as a violation of one of the conditions of your probation.
Drug and Alcohol Screenings
People on probation are usually prohibited from using drugs or alcohol for the entire time that they are under community supervision. You will likely have random screenings. If you fail a drug or alcohol test or miss one of the screenings, the judge could send you to jail, tack on additional time to your probation, or send you to treatment.
Alcohol Education Courses
Usually, people convicted of alcohol offenses in Texas have to attend alcohol education classes. The education programs report to the court on attendance and other participation issues. You will probably have a deadline for completing the alcohol education classes. The deadline will be a term of your probation.
Ignition Interlock System (ISS)
If the court allows you to continue driving legally, you might have to get an ignition interlock system (IIS) installed in your vehicle. Neither the court nor the state of Texas pays this expense. You will have to pay for the rental and installation of the device, and the monthly monitoring service. An IIS requires the driver to blow into the device, which tests their BAC level.
If you get charged with a probation violation, meaning that you failed to comply with any of these terms, you might have to attend a hearing in court. Our DWI probation attorney can defend you at a hearing like this.
Types of Probation Violations to Avoid
The court can revoke your probation for any violation of your probation terms. It’s important that you follow the guidelines of your probation to avoid further punishment. Some violations to avoid include:
- Not fulfilling your required amount of community service.
- Getting in trouble for some other offense, which can make you ineligible to stay out of jail on your DWI probation. Even though the two events might be entirely unrelated, getting arrested while on probation is a violation of the terms or conditions of your probation.
- Not meeting court-ordered probation costs. Failing to pay these court-ordered amounts on time can be grounds for the court to extend your probation.
- Failing random drug or alcohol tests.
- Not completing the mandatory drug and alcohol courses.
- Traveling out of the country or state without approval.
Contact Our Firm to Work With Our Bellaire DWI Probation Lawyer
You may want the legal guidance of an attorney after being charged with a DWI in Bellaire. Our team can fight to get you an ideal case result. Don’t hesitate to defend yourself against your charges.
Contact Blass Law to find out more about working with our Bellaire DWI probation lawyer. You can reach out to us today to get started.