DWI PROBATION IN TEXAS
DWI probation in Texas is a guaranteed way to avoid jail time. Community Supervision (the technical name for probation) comes with strict conditions, legal restrictions, and serious consequences for violations.
This article, written by the experienced Texas DWI lawyers at Trey Porter Law, breaks down everything you need to know about DWI probation in Texas, including:
- DWI probation eligibility
- Straight probation
- DWI Deferred Adjudication
- DWI probation requirements
- Ignition interlock and other conditions
- Early release for DWI probation in Texas
We also cover legal consequences of DUI probation violations and what happens during a motion to revoke probation revocation hearing. Knowledge is power, and this information is essential for avoiding jail time through successful completion and discharge of DWI probation in Texas.
HOW DOES DWI PROBATION WORK IN TEXAS?
To get probation for DWI in Texas, you submit an application to the court. Pursuant to Texas Code of Criminal Procedure Chapter 42A. Judges and juries have the power under Texas law to grant probation. Everyone charged with DWI in Texas is eligible for probation.
There are two kinds of probation for DWI in Texas: straight probation and Deferred Adjudication probation. According to Texas Code of Criminal Procedure 42A, judges can grant straight probation before or after a trial. In Texas, a jury can grant straight probation only after a trial. If you get straight probation for DWI in Texas you receive a permanent criminal conviction.
- Is Texas DWI probation a good deal? It can be. DWI probation is not the best option for every person, but after reviewing and challenging evidence, DWI probation can be a safe way forward. In some cases, it can even lead to a dismissal.
- How long does a DWI stay on record in Texas? Forever. Probation results in a permanent DWI conviction that stays on your record. There are limited options to remove DWI charges from the record. Under Texas law, there is no period of time when a DWI charge “falls off” or is removed from the record. DWI charges can have a negative impact on employment background checks.
- Can you expunge a DWI in Texas? No. You cannot expunge a DWI if you do probation in Texas. Charges can only be removed from the record through DWI expungement in limited circumstances pursuant to Texas law.
Deferred Adjudication is better. Deferred Adjudication can only be granted by a judge, before a trial, by waiving your right to trial. If you successfully complete DWI Deferred Adjudication your case is dismissed, and you can later seal the record. DWI Deferred Adjudication in Texas is hard to get: prior offenses, high blood alcohol concentration (BAC), injuries, the presence of minors, and other factors can prevent it.
Check out our detailed article for more information about DWI Deferred Adjudication in Texas including eligibility requirements and disqualifications.
- Is installing an ignition interlock device required for all DWI probation cases in Texas? No, ignition interlock is not a legal requirement of DWI probation under Texas law. However, most judges require it. Criminal history, BAC, case facts, and a judge’s temperament are the deciding factors. Organizations like Mothers Against Drunk Driving (MADD) lobby judges against leniency in Texas DWI cases.
- Can I travel out of state while on DWI probation in Texas? Yes. Texas DWI probation travel restrictions require prior approval from a probation officer. Probation conditions often restrict movement to ensure compliance, and unauthorized travel can lead to violations. Always consult your probation officer before making any travel plans to avoid potential legal repercussions.
- Am I allowed to drink alcohol while on DWI probation? No. You can’t drink alcohol while on DWI probation in Texas. Typically, consuming alcohol is prohibited during DWI probation in Texas. Abstinence from alcohol is a common condition, and violations can result in probation revocation or additional penalties.
For more information about probation rules in Texas, check out our updated guide on Texas Probation Rules.
WHO QUALIFIES FOR DWI PROBATION IN TEXAS? ELIGIBILITY FOR FIRST-TIME VS REPEAT OFFENDERS
Everyone charged with DWI is eligible for probation in Texas – even repeat offenders with multiple convictions. Being eligible and actually getting it are two different things. Texas judges consider a wide range of things when deciding to grant or deny an application for community supervision.
First-Time vs. Repeat Offenders
First-time DWI offenders in Texas are generally more likely to receive probation, especially if no aggravating circumstances are present. Repeat offenders face stricter scrutiny. For example, everyone in Texas facing a DWI 2nd offense is required by law to have ignition interlock on all vehicles. Probation is still possible for repeat offenders, but the courts impose harsher conditions and often require mandatory jail time as part of the probation conditions.
3 Main Factors for DWI Probation in Texas
- Blood Alcohol Concentration (BAC): A high BAC of 0.15 or higher at the time of arrest can lead to more severe penalties, disqualify you from Deferred Adjudication, and reduce the likelihood of probation.
- Criminal History: Prior convictions, especially related to alcohol or substance abuse, can negatively impact eligibility.
- Accidents or Injuries: Involvement in an accident, particularly one causing injury, can lead to enhanced charges and diminish the chances of receiving probation.
Understanding these factors is critical for anyone facing DWI charges in Texas. A DWI arrest doesn’t have to mean jail time – your best defense starts with the right legal team. The top rated DWI attorneys at Trey Porter Law have a track record of winning cases and protecting clients’ futures. Contact us today for a free consultation and take the first step toward securing the best possible outcome.
WHAT ARE THE MANDATORY CONDITIONS FOR DWI PROBATION IN TEXAS?
- DWI Education Programs: 12 – 32 hour online classes. The Texas Department of Public Safety designates approved courses online.
- Community Service: Completing a set number of hours serves as restitution and promotes responsibility. Some judges require community service to be done in-person and in the county the arrest took place in.
- Probation Officer Meetings: Regular check-ins monitor compliance and progress.
- Substance Testing: Random alcohol and drug tests enforce sobriety.
- Ignition Interlock Devices: Most judges require this device to be installed in every vehicle a person has access to drive. Devices, like those from Smart Start, are installed by private businesses and monitored monthly.
- Driver’s License Suspension: Texas DPS imposes a suspension after DWI convictions. Full details of suspension periods are listed online.
- No Arrests: You can’t get arrested for anything new while on DWI probation in Texas. Even if the offense is unrelated to drugs or alcohol it can serve as the basis for revocation, and potential jail time.
HOW LONG IS DWI PROBATION IN TEXAS?
In Texas, misdemeanor DWI probation can last up to 2 years. Felony DWI probation in Texas can last up to 10 years. The duration and terms of DWI probation are influenced by the offense’s severity and a person’s criminal history. Here’s a table with a basic breakdown of DWI probation time in Texas.
| Texas DWI Offenses | Texas Penal Code | Jail Required as Condition of Probation | Max Length of Probation |
|---|---|---|---|
| DWI First | 49.04 | 0 Days – 30 Days | 2 Years |
| DWI Second | 49.09 | 72 Hours – 30 Days | 2 Years |
| DWI with Child | 49.045 | 0 Days – 180 Days | 2 Years |
| DWI Third + | 49.04(b)(2) | 10 Days – 180 Days | 10 Years |
Texas DWI Probation Periods
For misdemeanor DWI offenses like DWI first, DWI 0.15+, DWI Open Container, and DWI Second, probation typically ranges from 1 – 2 years. Probation for Felony DWI in Texas can go up to 10 years, and the length varies widely in jurisdictions across the state.
CAN YOU GET OFF PROBATION EARLY FOR DWI IN TEXAS?
Yes, Texas law allows early termination of DWI probation if you received Deferred Adjudication. You can’t get early release for DWI straight probation, but Texas probation laws empower judges to grant early release for DWI probation if the terms and conditions of Deferred Adjudication have been met. Review our latest article about Early Release from Probation in Texas for more information.
Ready to be done with probation? The experienced Texas criminal defense lawyers at Trey Porter Law have successfully early-terminated probations for countless clients – including those charged with DWI.. Contact us today for a free consultation. We’ll check your eligibility and give you honest advice about your chances.
TEXAS DWI PROBATION VIOLATIONS: CONSEQUENCES AND REVOCATION
Texas DWI probation violations are serious and should be avoided at all costs. A recent study by the Texas Criminal Justice Coalition found that nearly 50% of Texas probation violations were due to technical violations, like failed drug tests or not completing classes.
The 3 Most Common DWI Probation Violations in Texas:
- Failed Drug or Alcohol Tests: Testing positive for prohibited substances.
- New Criminal Charges: Being arrested for new criminal offenses.
- Ignition Interlock Device Violations: False positives count as violations.
WHAT HAPPENS IF I FAIL A DRUG TEST ON DWI PROBATION IN TEXAS?
Revocation and potential jail time. Failing a drug while on DWI probation in Texas is a serious violation. Discussed at length in our comprehensive article Failing a Drug Test on Probation, the consequences for failing a drug test on DWI probation include increased supervision, modification of probation terms, or even revocation leading to incarceration.
WHAT ARE THE CONSEQUENCES OF VIOLATING DWI PROBATION IN TEXAS?
- Increased Supervision: More frequent check-ins, additional alcohol monitoring like the SCRAM device and frequent drug testing.
- Extended Probation Period: Lengthening the duration of your probation.
- Incarceration: Revocation of probation leading to jail or prison time.
Probationers on DWI Deferred Adjudication probation have the most to lose. Revocation can result in a permanent conviction that was going to be otherwise avoided.
WHAT HAPPENS IF YOU VIOLATE PROBATION FOR DWI IN TEXAS?
Violating probation for DWI in Texas can result in revocation and incarceration. If a violation is alleged by a probation officer, these 5 steps typically occur:
- Motion to Revoke Probation: The State files a motion with violation(s).
- Warrant Issued: Judge signs arrest warrant with new bond.
- Booked & Arrested: Warrant cleared through posting bond.
- Revocation Hearing: A judge evaluates evidence to determine if a violation occurred.
- Judgment: The court decides on reinstating probation with modified terms or revoking it, which could lead to going to jail or prison. If you are on Deferred Adjudication probation, the judge can also convict you, and still order additional jail or probation time.
For a detailed analysis of probation violations in Texas, read our Texas Probation Violation Lawyers guide.
POTENTIAL DEFENSES FOR DWI PROBATION VIOLATIONS
Defending against probation violation allegations requires a tailored, strategic approach. The most effective defense strategies under Texas criminal law are:
- Challenging the Evidence: Scrutinizing the validity and reliability of all forensic evidence presented in support of failed drug tests.
- Demonstrating Compliance: Providing documentation or testimony that counters the State’s allegations, showing you have been compliant with Texas DWI probation terms and conditions.
- Addressing Mitigating Factors: Presenting context or reasons that may have contributed to the alleged violation, aiming for leniency, common sense, and a second chance.
Texas DWI Penalties are severe, and judges have total discretion during MTR hearings in Texas. It’s critical to have a team in your corner that knows how to win. The attorneys at Trey Porter Law have decades of combined experience successfully defending clients’ life and liberty in courtrooms across Texas.
If you’re worried about DWI probation revocation, don’t hope for the best, get the best. Our award-winning team is ready to put together a powerful defense, shield you from the harsh consequences, and get things back on track. Contact Trey Porter Law today to get started.
EXPERIENCED CRIMINAL DEFENSE LAWYERS FOR DWI PROBATION VIOLATIONS IN TEXAS
Texas DWI probation is a way to avoid jail, but violations can lead to revocation and incarceration. Understanding DWI probation rules in Texas, including Deferred Adjudication, probation conditions, and early termination, is crucial for a successful outcome. Probation violations, such as failing a drug test, ignition interlock violations, or new arrests, can trigger a motion to revoke probation and potential jail time.
If you’ve been arrested for DWI in Texas, the experienced Texas DWI lawyers at Trey Porter Law can help protect your rights and secure the best possible outcome. You can beat your DWI charge in Texas. Trey Porter Law has a reputation for winning cases and clearing criminal records for clients across the State. Contact our team today to get the award-winning defense you deserve.
