Can You Get Probation for a Texas DWI?

Probation, also called “community supervision,” is a great alternative to jail. Instead of spending time behind bars, you are allowed to stay at home. However, probation comes with certain conditions which are quite onerous. If you violate one of these conditions, you could end up behind bars for the remainder of your sentence. That’s just how probation works.

Attorney Tad Nelson is an experienced Houston DWI attorney. He works to get his clients probation, where appropriate, and will gladly discuss this option with you in a consultation. Although a DWI conviction is disruptive, community supervision can allow even the guilty to move forward with their lives.

Probating a Sentence

It is possible for a first-time DWI offender to have their entire sentence probated. This means they won’t need to spend even a night in jail if convicted. In fact, you might qualify for deferred adjudication, depending on the circumstances.

Those with more than one DWI conviction, however, usually face some mandatory time in jail:

• If you have a DWI more than 5 years ago, you must have 72 continuous hours in jail (three days).
• If you have a DWI conviction within the past 5 years, you have a mandatory 120 hours in jail (5 days)
• If you have two or more DWI convictions, then you must spend 240 hours in jail (10 days).
• Other DWI offenses, like DWI assault or DWI manslaughter, require more mandatory time.

As you see above, you might spend some time in jail. Still, only 5 days for a second DWI conviction is better than what you could get without probation, which is up to a year behind bars. For this reason, an experienced Houston DWI attorney will always analyze whether to request probation and make a strong argument in his client’s favor.

Probation Conditions for Texas DWI Offenders

To receive probation, a defendant must fulfill certain requirements, such as:

• Providing blood or urine samples to show sobriety
• Attending drug and alcohol classes
• Paying restitution and fines
• Installing an ignition interlock device on their vehicle
• Completing community service obligations
• Avoiding any future criminal activity, including arrests for DWI

Probation typically lasts for one to two years. If you have multiple DWIs, then you can expect probation to be lengthy.

Probation is a terrific opportunity to continue working and going to school. However, the conditions a judge imposes are not optional. We’ve seen many people blow off community service or attendance in an alcohol or drug class. When this happens, you can be called into court and put in jail to complete the remainder of your sentence.

A judge might not revoke probation for accidental or very minor violations, but you should hire a lawyer just the same. It is possible to end up in jail for years due to a mistake.

Is Probation Right for Your DWI Charges?

Attorney Tad A. Nelson has helped many DWI defendants avoid jail. A good attorney does more than try to get charges dismissed or try to secure an acquittal. If convicted, your attorney should also seek the least disruptive sentence. We highly recommend working with an experienced Houston DWI lawyer if you are facing criminal charges for Driving While Intoxicated in Houston. If you need help or legal advice, call us today at 281-280-0100.