Driving while intoxicated (DWI) is a serious offense, but one option you may have, particularly after a first DWI offense, is DWI probation. Probation for DWI in Texas is an alternative to serving jail time after a DWI conviction.
If you request and a court or jury grants you probation, you must follow the specific guidelines of your probation that the court outlines for you.
With probation for DWI in Texas, you may be required to be evaluated for alcohol and drug dependence by taking an assessment called the TRAS, Texas Risk Assessment System.
If the assessment recommends treatment, you could be required to attend an alcohol rehabilitation education program. Additional requirements of probation include paying certain fines, court costs and submitting to alcohol testing. The nature of your DWI violation and previous convictions can impact probation requirements.
A Houston DWI lawyer can help you understand what you need to know about DWI probation in Texas.
The Consequences of DWIs
Driving while intoxicated is a misdemeanor in Texas, but the exact penalties will depend on previous offenses and the unique circumstances of the incident. For a first DWI offense, you could spend up to 180 days in jail and be fined up to $2,000. You may also have your driver’s license suspended for up to a year.
DWI is not only a crime but can also lead to severe accidents on the road, injury, and vehicle damage. Intoxicated drivers are unable to react quickly to road changes or drive safely. The courts, therefore, impose penalties to deter DWI.
What Is DWI Probation?
The courts acknowledge that it is often beneficial for people to remain in their community. Under probation for DWI in Texas, rather than being locked away, people can take steps to learn from their actions and improve their conduct so the same thing doesn’t happen again.
You may be eligible for DWI probation, also known as community supervision, in some cases. DWI probation involves abiding by specific terms for a period of time to attempt and rehabilitate the person as an alternative to serving more jail time.
To avoid extensive jail time, you must comply with any requirements of your DWI probation.
How Long Is Probation for a DWI in Texas?
Many people arrested for driving while intoxicated (DWI) choose probation instead of jail or prison as an outcome of their criminal case. How long your probation is for a DWI in Texas depends on the specifics of your case.
However, according to the Code of Criminal Procedure Art. 42A.053, two years is the maximum period of time for community supervision for a misdemeanor.
Components of DWI Probation
The exact nature of your DWI probation will depend on your specific circumstances. However, your DWI probation may require you to do the following:
- Undergo a TRAS assessment: The court could have a supervision officer evaluate your alcohol and drug dependence by requiring a TRAS assessment and determining the need for rehabilitation.
- Attend an alcohol education program or DWI intervention program: These sorts of programs help people to see the costs related to drinking alcohol and may also cover elements like stress reduction, exercise, anger management, functional alcoholism, and alcoholics anonymous programs.
- Perform community service: A DWI is typically classified as a class B misdemeanor. If this is true in your case, the judge cannot order more than 100 hours of community service. Alternatively, the judge may require you to donate to a charity or other non-profit organization.
- Pay any fines or court costs required.
- Install an ignition interlock device on your vehicle: This device requires you to perform a breathalyzer test that measures the level of alcohol on your breath. If it is above a certain level, you can’t drive the vehicle.
- Attend alcohol abuse counseling sessions.
- Follow up and check in with your probation officer.
- Submit to alcohol testing.
Before starting your DWI probation, you should clarify anything you don’t understand and ask appropriate follow-up questions.
What Are the Penalties for Violating Probation?
When a person violates the terms of their DWI probation, the probation officer may notify the state who can file a motion to revoke probation and ask the court to issue a warrant for your arrest. The possible penalties for a probation violation often depend on the seriousness of the criminal charges originally filed. However, outcomes in these cases generally include the following penalties:
- Warning – The probation officer may deem a violation to be minor and only issue a warning instead of referring the case to court.
- Court admonishment – The judge may have you come to court and explain they won’t put you in jail this time, but if it happens again, you’re going to jail.
- Probation amended ― The court may opt to change the conditions of probation or extend the terms of probation so an alleged offender must remain on probation for an even longer period.
- Incarceration ― The court could sentence an alleged offender to a jail or prison term.
A prosecutor only must prove a probation violation by a preponderance of the evidence. This is a low burden of proof compared to the standard of proof beyond a reasonable doubt used in most criminal cases.
What Happens If I Complete My DWI Probation in Texas?
When a person does not violate probation and satisfies all their requirements they can be successfully discharged from probation.
With the exception of DWI and some aggravated offenses, if a person completes the requirements of probation early, they could be eligible for early termination of their probation.
Should I Consult with an Attorney for My DWI Case?
Consulting with a Houston criminal defense lawyer can help you understand your options if you are charged with a DWI. For example, in some cases, your DWI defense lawyer can work to get your charges dropped. In other instances, it will be in your best interests to plead guilty to a reduced charge, particularly when there is a higher possibility of getting DWI probation.
A DWI attorney from our firm is also thoroughly familiar with the laws and regulations that will apply to your case. Once we have a chance to review your case, we can give you legal advice about how to proceed with your case. We can also build the strongest possible case against your charges.
Begin Your Case with a Consultation Today
Our legal team at Blass Law is ready to help you with your DWI case. We understand that the legal process can be a challenge. A Houston probation violation lawyer from our firm will fight for your rights and work to get you the best possible outcome for your case.
You can contact us today to get started with a consultation. We are ready to answer your questions to help you move forward.