Driving while intoxicated is a common crime, but it can lead to time behind bars. However, since DWI is a relatively nonviolent offense the courts may offer you alternative sentencing such as community supervision also known as probation. When a person violates their probation, it can lead to serious consequences including being sent to jail or prison.
If you or someone you know has been arrested for violating their DWI probation, then it’s important you secure legal representation as soon as possible. A violation can result in additional criminal charges and the judge could sentence you back to jail or prison to finish out the rest of your sentence. Defend your rights and liberty by contacting an experienced criminal defense attorney immediately.
Attorney Explains Probation Violations in TX
You can avoid jail or prison for DWI charges if the judge sentences you to community supervision. However, violating your DWI probation will come with its own set of problems. A violation could result in the court revoking your probation so you can face the full statutory penalties for the crime.
If you or someone you know has been arrested for violating their probation, we recommend you secure legal representation. We recommend for skilled legal counsel you hire attorney Kevin Bennett. He has been practicing for years and can use his extensive skills for your case. Call (512) 476-4626 to set up your first appointment free today.
The Law Office of Kevin Bennett accepts clients throughout the greater Travis County area including Austin, Pflugerville, Lago Vista, West Lake Hills and Bee Cave.
Overview of DWI Probation in Texas
- Common Conditions for DWI Probation in Texas
- What Happens if I Violate DWI Probation?
- Additional Resources
Common Conditions for DWI Probation in Texas
DWI is a relatively frequent charge, so the courts will probably offer you community supervision if you have little to no criminal history. Community supervision or probation will require you to fulfill specific conditions and avoid certain prohibitions for a certain period of time. Once you’ve finished all the listed conditions during your probationary period, your charges will either be reduced or dismissed as a result.
Usually, DWI community supervision will have both standard probation conditions as well as rehabilitative ones chosen by the judge. You may be required to participate in a substance abuse and alcohol treatment evaluation after you’re granted probation. The evaluation will determine what type of drug or alcohol treatment you may require and then court order you to a specific drug or alcohol rehabilitative program.
It’s likely the judge will court order you to participate in a 12-hour DWI Educational Program. You must complete the program within 180 days of entering your plea. The classes are created by third-party companies and must be approved by the Commission on Alcohol and Drug Abuse, the Department of Transportation and the Department of Criminal Justice.
Some DWI offenders are required to install an ignition interlock device to their car (IID). An IID is essentially a breathalyzer attached to your car. You must submit a breath sample to start the engine and if you’re over the legal limit the car will lock the engine for a period. The court will order you to pay the full costs of the installation and monthly fees associated with IID.
Some other possible conditions associated with DWI probation include:
- Meet with your probation officer monthly;
- Submit to random drug testing;
- Not violate laws;
- Retain steady lawful employment;
- Pay restitution;
- Have all court costs and fines paid;
- Agree to not use alcohol in excess or possess illegal drugs;
- Be accessible to your PO at both work and your home; and
- Finish 50 community service hours
What Happens If I Violate My Probation in Texas?
Violating the conditions of your DWI probation has serious consequences. In many cases, a probation violation is nothing more than a simple misunderstanding such as forgetting your appointment with your probation officer. However, to the court it’s still considered a violation and you could face harsh penalties because of it.
You can request to schedule a probation hearing to contest your violation. During the hearing, it’s recommended you have legal representation to collect evidence and defend your case. The probation hearing has a different standard of proof than a DWI trial. The defendant instead has a different burden of proof known as preponderance of evidence, meaning you more likely than not violated your probation.
If the judge believes you weren’t in violation of your probation, then you will face no consequences. However, if you’re unsuccessful the judge can:
- Modify your community supervision by adding conditions;
- Lengthen your community supervision; or
- Revoke your community supervision and sentence you back to jail or prison.
DWI Laws in Texas – Visit the official website for the Texas Penal Code to learn more about driving while intoxicated. Access the site to learn more about DWI penalties, defenses and other relatable intoxication offenses.
Texas Department of Criminal Justice – Visit the official website of the Texas Department of Criminal Justice (TDCJ) which regulates community supervision and incarceration in Texas. Find more information about their Texas Board of Pardons and Paroles, rehabilitation programs, and answers to frequently asked questions.
Defense Lawyer for DWI Probation in Texas
If you or someone you know has been accused of violating their DWI probation, it’s imperative you contact an experienced criminal defense attorney. Kevin Bennett is a skilled defense lawyer with years of experience with clients accused of DWI.
Set up an appointment now by calling The Law Office of Kevin Bennett for your first consultation free. Kevin Bennett will discuss your charges with you and present you all your legal options. The Law Office of Kevin Bennett represents people throughout the greater Travis County area including Austin, Lago Vista, and West Lake Hills.
This article was last updated on September 27th, 2019.