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
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
Contact us so we can begin working with you on a strong defense plan!