In Texas, being charged with the crime of driving while intoxicated has serious consequences. In some cases, the best outcome is receiving community supervision instead of jail time. DWI community supervision is broken down into three different categories that have drastic differences legally: (1) probation; (2) deferred adjudication; and (3) pre-trial diversion/intervention. These types of sentences are known as community supervision in the Lone Star State because they allow some individuals to serve out their sentences in the community instead of spending time in jail. This article will focus on DWI probation.
If you are convicted of a DWI offense in Texas, you may be eligible for one to ten years of community supervision, depending on the circumstances of your case. The Texas judge handling your case has the power to grant probation using his or her discretion, typically after a plea agreement is reached or after an offender is found guilty at trial. A jury also can grant probation in some circumstances after an offender is found guilty at trial.
| If you want to see the exact wording of the legal statute used as the basis of DWI probation sentencing, Chapter 42A of the Texas Code of Criminal Procedure sets out the details regarding community supervision in Texas. |
If you are eligible for community supervision and the court grants it in your case, you will be required to follow specific conditions with a range of stipulations. These include such things as attending DWI education courses, submitting to an evaluation to determine if you have a problem with alcohol or drugs, completing alcohol or drug treatment, only operating a motor with an ignition interlock device installed in it, and performing community service. Furthermore, you cannot commit any new offenses and will have to report to a probation officer. (Note: community supervision will NOT relieve you of responsibility for paying the fines and court costs associated with your DWI charges.)
- RELATED: DWI Charges in Texas
Probation for DWI in Texas is an opportunity that not all defendants are granted, so it is important to take your community supervision sentence seriously and follow all Texas probation rules to avoid further legal problems. A DWI probation violation in Texas can lead to major ramifications: if you violate the conditions of your community supervision, your probation could be revoked and you could be required to serve your full sentence in jail.
If you have been accused of a Texas DWI probation violation, you are entitled to a court hearing during which the state must present evidence that proves that you violated the terms of your community supervision. If you are worried that you may have violated your DWI probation, or you have been accused of doing so, do not hesitate to call a DWI lawyer as soon as possible.
Do you need legal assistance from an attorney with an in-depth understanding of Texas DWI laws? Have you been charged with a DWI in Houston, Texas, or the surrounding area, and need information about probation? Don’t hesitate to reach out for information and guidance from experienced criminal lawyer and DWI attorney, Collin Evans of Collin Evans Law. Mr. Evans has been committed to helping clients reach the best outcomes in their cases for well over a decade. You can contact Collin Evans Law online at any time or by calling 713-225-0650 to schedule a time to receive professional legal counsel regarding your DWI case.
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