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Can I Get Probation For a DWI?

Attorney for DWI Arrests in Austin, TX

For many people who are arrested for driving while intoxicated (DWI) for the first time, the dominant concern about appearing in court is the threat of being sentenced to jail time. Texas Code of Criminal Procedure § 42A.052 establishes that when an alleged offender is convicted or enters a plea of guilty or nolo contendere, the judge may suspend the imposition of the sentence and place the defendant on community supervision (more commonly known as probation) or impose a fine applicable to the offense and place the defendant on community supervision.

Probation is a much preferable alternative for alleged offenders who do not want to sacrifice any time away from work or family. Certain rules, however, apply to probation for DWI offenses. For example, people charged with drunk driving are not eligible for deferred adjudication.

When a person is placed on community supervision, he or she will also need to comply with all restrictions and requirements imposed by the court for the full life of the probationary period. Under Texas Code of Criminal Procedure § 42A.701, provisions allowing for the reduction or termination of a community supervision period do not apply to people convicted of DWI offenses.

Attorney for DWI Arrests in Austin, TX

A first DWI offense is usually a Class B misdemeanor, punishable by a jail sentence of between three days and six months. Community supervision can last for up to two years.

A person who is placed on probation also must comply with several court requirements, including:

  • Fines and court costs;
  • Community service;
  • Drug and alcohol testing;
  • Educational program for intoxication offenders;
  • Victim Impact Panel (VIP); and
  • Ignition Interlock Device (IID) installed on all vehicles owned or operated by alleged offender.

Any person who is arrested for a drunk driving offense in Central Texas will want to make sure that he or she retains legal counsel for help achieving the most favorable possible resolution to his or her case. Kevin Bennett is an experienced criminal defense lawyer in Austin who represents clients in Pflugerville, Bee Cave, Lakeway, Sunset Valley, Lago Vista, West Lake Hills, and many other surrounding areas of Travis County.

If you are facing drunk driving charges in the Lone Star State, contact The Law Office of Kevin Bennett today to take advantage of a free, confidential consultation that will allow our attorney to provide an honest and thorough evaluation of your case.

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The Law Office of Kevin Bennett