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Probation for DWI Offenses in Texas

In some driving while intoxicated ( DWI) cases, individuals are given the option of probation, which is also known as community supervision, in place of full jail time and other harsh penalties that usually come with DWI convictions. When probation is given, the DWI offender must follow a number of conditions, as defined in Texas Code of Criminal Procedure §42.12, Section 13. Failing to do so will put an end to his or her probation, and the individual will likely have to spend revert to stricter sentencing. Our Plano DWI law firm, The Zendeh Law Firm, PPLC, strives to educate our clients and potential clients about what is involved in the DWI probation process.

First, the individual who has been placed under probation will need to be evaluated in order to determine what types of resources are needed for that individual's rehabilitation. If he or she is found to be in need of treatment for drug or alcohol dependency, that person will be required to receive such treatment at a state-approved or state-licensed facility as part of the probation terms.

The probationer will generally be required to complete a DWI educational program within 180 days of being granted community supervision. In some cases, when good cause is proven, a judge could grant an extension to this timeframe. Those who were convicted of DWI for a second or subsequent time could end up being ordered to take an educational program designed specifically for repeat offenders.

A few other common terms of probation for those convicted of DWI include driver's license suspension and ignition interlock devices. While DWI probationers will usually have their licenses suspended, a judge might choose not to suspend the license if a jury recommends that no suspension be imposed. Ignition interlock devices are machines that require drivers to pass breath tests before being able to use their vehicles, in which the machines are installed. Without clean breath test results, the offenders' vehicles will not start. These devices are usually imposed on DWI offenders with previous convictions and offenders who had blood alcohol concentrations (BACs) of 0.15% or more at the time of their arrests.

Probationers often get to avoid jail time. It is important to note, however, that individuals who were convicted of more serious DWI-related offenses (such as repeat DWI offenses or felony DWI offenses) could be required to spend certain lengths of time in jail during their community supervision periods.

The terms a person will receive during his or her DWI probation depends on various factors, from the type of crime the individual was convicted for to his or her criminal history. If you are dealing with probation or possible probation from a DWI offense, you are advised to consult with a strong DWI attorney who can help you protect your best interests. At The Zendeh Law Firm, PLLC, we fight vigorously for our clients to help them obtain the best results possible in their cases. When it is not possible to fight conviction, probation is sometimes the best way to help defendant receive less damaging penalties. Our firm handles a broad spectrum of DWI cases. Contact us so we can begin working with you on a strong defense plan!