Violating Probation for DWI in Texas

Under Texas law, an individual can be arrested and charged with driving while intoxicated (DWI) when he or she operates a motor vehicle while under the influence of alcohol or drugs to the point where they have lost the normal use of their mental or physical faculties. If convicted of DWI in Texas, the consequences can be dire, because the Lone Star State takes intoxicated driving extremely seriously. A DWI conviction can seriously impact your freedom and future, so you should avoid driving while under the influence of any impairing substance.  If you end up facing charges, a professional DWI lawyer will aim to reach the best outcome for you in terms of sentencing, such as receiving probation for DWI in Texas instead of jail time.

One type of community supervision in Texas is known as probation; which allows eligible DWI offenders to serve out their sentences in the community instead of spending time in jail. There are many Texas probation conditions that an offender must follow in order to remain in compliance with the court order and avoid a DWI probation violation. (See Chapter 42A of the Texas Code of Criminal Procedure for details regarding community supervision.) If you do not follow the rules, you are essentially in breach of your community supervision contract. Such DWI probation violations in Texas can lead to probation revocation.

• RELATED: What is a Motion To Revoke Probation?

Some of the more common ways defendants mess up their probation are getting arrested on new charges or failing to meet with their probation officer during the assigned period of community supervision. But other violations include leaving the county, state, or the country without notifying or getting permission from their probation officer, failing to install an ignition interlock device on their vehicles if ordered as a part of their sentence, failing drug or alcohol screening tests, not participating in assigned alcohol or drug treatment classes/programs, or not paying associated fees/fines. However, these are not the only ways to violate probation.  Make sure to discuss the details of your specific community supervision conditions with your probation officer to avoid making mistakes that could lead to a violation.

If a convicted offender violates the terms and conditions of a community supervision/probation court order, consequences might include an extension of the probation period, adding additional conditions such as extra fines or community service, or complete revocation of the probation. If the probation is fully revoked, the offender would be subject to the full range of punishment, at the discretion of the judge. If you find yourself facing the possibility of having your DWI probation revoked, hiring an experienced criminal defense attorney to help you with your case is advisable. 

Being accused of a DWI probation violation is a serious thing, putting an offender in a very concerning situation. The legal counsel at Collin Evans Law understands the worry and stress of following the rules of DWI community supervision in Texas. Attorney Collin Evans has more than a decade of experience and success handling DWI cases in Houston and the surrounding area. Do not hesitate to reach out to him for helpful legal counsel about your situation. For a free consultation, contact Collin Evans Law online at any time, or by calling 713-225-0650.