If you have been charged with driving while intoxicated (DWI), you may not know what to do. One of the most common penalties for Texans who commit a DWI is probation. Even if you are already on probation in the Houston area, an experienced DWI attorney can fight to keep you out of jail. The Houston-area DWI probation lawyers at Blass Law will fight to get the best outcome possible for your case.
A DWI arrest does not necessarily mean that your probation will be revoked, but you should act fast, and you want to have an aggressive criminal defense attorney on your side.
Drunk Driving Laws in Texas That Could Be Relevant in Your Case
Texas Penal Code Sec. 49.04 makes it illegal for any driver to operate a vehicle if they have a blood alcohol content (BAC) of .08 or above or if a driver has lost the normal use of their mental or physical faculties due to the introduction of drugs or alcohol under Texas Penal Code section 49.
The Texas Department of Transportation (TxDOT) states that penalties for DWIs depend on how many DWI offenses you have committed. For example, after your first DWI conviction, you could spend up to six months in jail or $2,000 in fines. However, you could face up to 10 years in prison and $10,000 in fines for your third offense.
For a legal consultation with a dwi probation lawyer serving Houston, call 713-225-1900
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. To begin, always be courteous and obey the police officers’ directions.
However, keep in mind that you do have rights, and you should exercise them. You have the option of remaining silent and refusing a field sobriety test. Do not answer any questions that might lead to your incrimination or undergo a field sobriety test since you typically won’t be asked to perform standardized field sobriety tests unless the officer thinks you are showing signs of impairment. Sec. 724.012 of the Texas Transportation Code says 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, if you are arrested for a DWI, speak with your Houston attorney for assistance. This will likely make the difference between the judge immediately revoking your probation and you having a fighting chance to stay out of jail.
Houston DWI Probation Attorney 713-225-1900
Securing Legal Counsel Is Critical To Protecting Your Future
Texas courts are known for imposing harsh penalties on people convicted of DWIs. Judges are quick to take away your driver’s license, impose hefty fines, and even put people behind bars if convicted.
If you are convicted of any DWI offense in Texas, probation could be part of your sentence. How long and cumbersome the probation is depends on the severity of the charge and the skill of your defense team.
How To Receive Probation in DWI Cases
Qualifying first-time and second-time offenders who plead guilty or no contest to DWIs will likely receive probation. To be eligible for misdemeanor probation, defendants must convince the judge to grant probation. Some situations where a judge may not want to grant probation is when a person was in a major accident, has a very high blood alcohol content (BAC), or has significant criminal history. Probation is also an option for commercial drivers.
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How Can a DWI Probation Lawyer in Houston Help You?
Just because you have been charged with a crime does not mean that you are guilty. You have a right to work with a Houston DWI probation legal team that can defend you against any unfair allegations that could harm your well-being and prospects.
Your DWI probation lawyer could help your case.
Determining Whether Your Arrest Was Made “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. The alcohol or drugs must be what causes you to lose the normal use of your mental or physical faculties.
Additionally, if you were arrested but the arresting officer did not read your Miranda rights, certain statements that you made after the arrest could be suppressed. Your DWI lawyer could look at the available evidence to ensure your arrest was made legally and that you don’t face consequences for 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 were over the legal limit, that does not matter. In Texas, handheld roadside breathalyzers are not admissible, meaning they can’t be used at your trial.
The only breathalyzers approved for evidential breath testing are the Intoxilyzer 5000 and the Intoxilyzer 9000, and neither of those can fit in an officer’s pocket. Even testing at the station can have problems. For instance, you might have taken a breathalyzer test. If you ate, smoked, or drank anything less than 20 minutes before you took the test, the results may not be accurate.
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.
Deciding Whether You Were Legally Intoxicated
TxDOT says that to be considered legally intoxicated based on a breath or blood test, you must have a blood alcohol concentration (BAC) level of 0.08 or higher.
Your probation may have come with certain conditions. For instance, it may have asked you to refrain from committing new law violations. However, if you were charged with DWI and your BAC level was under a certain amount, you would not have been considered intoxicated and should not face drunk driving charges.
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How Pretrial Diversion Works in DWI Cases
In some cases, DWI defendants can enter a contract with the state and potentially have their charges dismissed if the terms and conditions of their contract are completed. In this process, the district attorney (DA) may dismiss the charge upon successful completion of the terms of the agreement. This is called a pretrial diversion.
In a pretrial diversion, the defendant must successfully complete tasks, such as:
- Community service
- A Victim Impact Panel put on by Mothers Against Drunk Driving
- Texas DWI education class
- Supportive Outpatient TreatmentIntensive Outpatient Treatment
- Not committing crimes other than certain traffic violations
Are Pretrial Diversions Valuable in DWI Cases?
Although pretrial diversions are relatively uncommon, they can be a valuable way to avoid suffering a criminal record in some cases. Following the DWI pretrial diversion, your attorney may be able to file for an expungement. An expungement 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.
Suspended Sentence Probation for DWIs
When a defendant is granted probation, the judge suspends the jail sentence and imposes community supervision. This can happen if someone is convicted of a first-time DWI offense all the way to more severe cases and those that involve repeat offenders.
Defendants should be fully aware that with each conviction, the possibility of doing time behind bars increases. The same holds true for defendants who may have failed a breathalyzer or have been involved in 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 DWI defense 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 often results in immediate incarceration. Probation may be one’s last chance to stay out of jail.
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 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, however, deferred adjudication for DWI cases is not the same as other offenses. Deferred adjudication still carries the same punishment as a conviction.
Despite not having the opportunity for a real deferred adjudication in Houston, you could have your case dismissed, get a not guilty verdict, or qualify for an expungement of your record. We have experience determining whether defendants qualify for that action.
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 jail time 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/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 generally 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 component within six months.
- Random screenings: The court will require your abstinence from alcohol and drugs during the probationary period. Failed or skipped drug screenings can result in your probation being revoked, 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 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 restriction, and must not commit a crime. Just as DWI offenses are met with harsh penalties in Texas, probation violations are not tolerated by the courts.
What Happens if You Violate Your Probation?
The court views your probation as your last chance to stay out of jail. Any violation of the terms and conditions of your probation can quickly result in an arrest warrant. The probation officer managing your case or state prosecutor could file a motion to revoke your probation.
These are some common reasons why a DWI probation may be revoked, including:
- Being arrested while on probation
- Being charged with a new law violation
- Failing to make court-ordered payments for fines, fees, or restitution
- Failing to attend educational classes
- Being caught 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 that could include incarceration or other punitive measures.
Can You Get Off Probation for a DWI Early?
Probation periods vary depending on the circumstances. However, the completion of this probation does not change in Texas because your probation cannot be terminated early.
However, you could have your probation terms altered if you have successfully kept to all of the requirements set out by your probation for a period. You may be allowed to visit your probation officer less frequently, or your community service hours may be decreased. However, modifications to DWI probation are not guaranteed and will differ for different cases.
Your Attorney Can Help You Build an Argument in Your Defense
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 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. That’s why it’s imperative to consider working with a Texas DWI probation defense attorney.
Request a DWI Probation Case Consultation With Blass Law
If you received a DWI in Houston, you want a DWI probation lawyer to represent your interests and defend your rights. The attorneys at Blass Law can seek the best result for your case, whether this is your first DWI offense and you are looking for reduced probation, or you were charged with a DWI while on probation.
You have a narrow opportunity to defend yourself and reduce your penalties, so don’t delay! Connect with a Houston DWI probation lawyer on our team today.
Call or text 713-225-1900 or complete a Case Evaluation form
