What is Probation for a DWI in Texas?
Probation, although preferable to jail time in most cases, is more than a slap on the wrist.
Most convicted DWI defendants receive probation, and DWIs account for about a fifth of misdemeanors filed in Texas. The felony drug/DWI percentage is even higher. DWI probation, like other forms of probation (technically community supervision), usually includes generic and offense-specific conditions. Also, like other forms of probation, DWI probation is subject to revocation or modification at almost any time. Early discharge is available in some cases. More on all these things below.
A good Ft. Worth criminal defense lawyer doesn’t abandon defendants once the judge’s gavel falls. Instead, a lawyer continues to stand up for defendants in post-conviction matters, such as probation issues. DWI probation is unusually long and restrictive in Texas. Therefore, probation revocation issues are almost inevitable. The good news is that probation modification is almost inevitable as well.
Conditions of DWI Probation in Texas
Most probation agreements are like online terms of service agreements. Probationers must agree to all conditions, no questions asked. In terms of probation revocation matters, the two biggest conditions may be:
- No Further Legal Trouble: Usually, any criminal arrest is a violation of probation for DWI. Revocation proceedings are usually automatic in these situations. Usually, a Ft. Worth criminal defense lawyer resolves these matters out of court. Common probation revocation plea bargains include serving a few days in jail as a condition of reinstatement or an extension of the term.
- Report to a Supervision Officer: Most probationers must report to supervision officers every two weeks. Supervision check-ins are not dental appointments. They are not scheduled at the defendant’s convenience. The good news is that, if a defendant misses a meeting, a Ft. Worth criminal defense lawyer can usually intervene and stop a revocation.
Other conditions include remaining in the county, paying child support and other FSOs (family support obligations), and working and/or attending school full-time.
Offense-specific DWI probation conditions often include installing and maintaining an IID and completing an alcohol treatment program.
An Ignition Interlock Device is a portable breathalyzer attached to the vehicle’s ignition. If the driver’s BAC level is above .04 or another preset level, the car will not start. Most alcohol treatment programs center around outpatient therapy sessions. Tampering with or failing to maintain an IID is grounds for probation revocation, as it is a failure to follow treatment plan guidelines.
Modification of Probation
A probation modification is a legal change to the terms or conditions of community supervision ordered by the court. Probation may be modified when circumstances change or when the court determines that adjustments are necessary to better serve justice, rehabilitation, or public safety.
The defendant, the probation officer, or the prosecutor may request a probation modification, or the judge may unilaterally change it. Common reasons for modification include financial hardship, employment changes, medical issues, or successful compliance with probation conditions. For example, a court may change monthly fees, adjust reporting requirements, allow (or restrict) travel, remove (or add) certain conditions, or substitute community service for unpaid fines.
Early Discharge
A few final words about early discharge from probation. To qualify, the individual must typically complete a significant portion of probation, pay all fines, fees, and restitution, complete required programs, and demonstrate consistent compliance with all conditions. Early discharge may be requested by the defendant, probation officer, or prosecutor, but it must be approved by the judge.
Alternatively, the judge may convert probation for DWI to unsupervised probation. This option is usually available if the defendant has a good probation record, as outlined above, but falls short of the early discharge requirement.
Rely on a Diligent Tarrant County Attorney
DWI probation is very complex in Texas. For a confidential consultation with an experienced criminal defense lawyer in Ft. Worth, contact the Law Office of Kyle Whitaker by calling 817-332-7703 or going online now. We routinely handle matters in Tarrant County and nearby jurisdictions.