With more than 89,457 reported cases per year in Texas, DWI is one of the most commonly committed offenses in the state. While we want to believe we don’t need to worry about the law, crimes, and jail times, the statistics will tell you it wouldn’t take much for it all to very much become your problem.
No, it only takes a few ounces of alcohol to make your whole world spin out of control. You can find yourself facing trials, heavy fines, and even imprisonment. But with the recent changes in law, you can now completely skip incarceration for probation for your first DWI charge.
Even if this is not your first offense, your first step should always be to reach out to an experienced Austin DWI lawyer because they can make sure you serve minimum time behind the bars and complete the rest of your sentence in the community under supervision.
This guide will help you understand your options when you are facing DWI charges in Texas, the rules, and requirements for jail vs probation, how the law can help you, and what is expected of you.
What is Probation?
Probation, or Community Supervision as it’s called in Texas, is serving your sentence while still staying in the community under supervision instead of going to jail. If you have been charged with DWI for the first time, there is a good chance that you will get away with DWI probation Texas for a period of six months to two years.
Although community supervision is always better than actually serving a jail sentence, it comes with its own set of rules and conditions that can make your life extremely difficult. The whole point of probation is to ensure that you do not break any laws again and go on to live a good and lawful life. So, the guidelines issued by the judge while probating your jail sentence contain terms that will help you the best with that. (Rean DUI v. DWI)
You will be required to comply with all the rules strictly, and even small probation violations on your end can result in its revocation. If the judge decides that you have failed to follow your probation terms, they can sentence you to prison.
Therefore, it is extremely important that you reach out to an Austin DWI lawyer as soon as you are arrested for a DWI in Texas. Not only will they ensure that you get away with probation in the first place, but they can also help you avoid prison time in case you weren’t able to keep up with your Texas DWI probation rules.
Texas DWI Probation Requirements
Your probation comes with a list of responsibilities that will ensure your commitment to improving your life and avoiding future offenses. Texas DWI probation requirements will depend on your individual case and will be explained to you during the proceedings. Some of the most common requirements accompanying community supervision are explained below.
DWI Probation Fees and Fines
Probation, much like a jail sentence, would involve a fine you will need to pay. Additionally, you will be required to pay other fees like court costs of up to $400 and probation supervision fees that can amount to around $60 per month. These fees will cover the cost of the state’s expenditure on your probation.
You will also be required to pay all the expenses for your DWI classes and Texas probation drug testing even though they are a part of your probation agreement. Also, if you are asked to install an ignition interlock device as a part of your probation requirement, it will be done at your own expense too.
Alcohol and Drug Dependence Evaluation
You will also be asked to submit to alcohol and drug tests since the primary reason for your arrest is alcohol consumption in the first place. The court needs to ensure that you are not alcohol dependent and are living a life avoiding any conflicts.
Your probation officer is basically an informant for the judge and is responsible for ensuring your compliance with the probation agreement. So, they are free to make surprise inspections and conduct drug tests as they deem fit.
Reporting to a Probation Officer
As soon as you are sentenced to probation, you will be assigned to a probation officer. You will be required to meet your probation officer as per the schedule set up by the court. Generally, this meeting needs to be once a month, but the court may make it more frequent or less frequent depending upon your compliance during the probation period.
Interlock Device
An ignition interlock system as defined under Article 42A.408 of the Texas Code of Criminal Procedure means a device used to detect the presence of alcohol in the breath of the operator. It will render the vehicle it is installed into inoperable when it is detected.
If you have been granted probation for your DWI conviction, there are chances that you will be required to install an ignition interlock device in the vehicle you usually use. Please note that you are not allowed to use any other vehicle while you are still on probation. In fact, this requirement will come with a notation on your license stating that you are only allowed to drive vehicles with the system installed in the vehicle.
If your conviction is for a first-time DWI offense, the new Texas law gives you additional protection by placing you on deferred adjudication probation and allowing you to get a non-disclosure order issued against your conviction as soon as just 2 years after your probation ends. All you have to do is fulfill the court’s requirement of installing an interlock device in your vehicle.
This device will only allow you to start your car if you don’t have any alcohol in your system. If you attempt to start your car with alcohol in your system, it will get recorded in the machine and can lead to suspension of your probation and in turn, jail time.
Texas DWI Probation Conditions
Your probation will always come with certain conditions, failing to follow which can lead to its revocation and a probable prison sentence. The judge decides these conditions based on the facts of your case, and they can waive or add more as they deem fit. Some of the most common conditions that you might be required to follow are discussed below.
DWI Education Classes
Once the probation term starts, you will be required to finish several court-ordered educational programs. These will include around three 4-hour DWI education classes and one 3-hour session of M.A.D. Victim Impact Panel. The court can add more classes as they deem fit. Most of these classes will be required to be completed within 6 months of your probation.
If you fail to complete the mandatory classes, the Department of Public Safety has the power to revoke your driver’s license or prevent you from getting one. If your license is revoked, you will have to pay a fee of $100 to reinstate it.
The judge, however, has the power to waive this requirement if you can show a good reason as to why you cannot finish the education programs. These reasons can range from school schedule and health issues to lack of reliable internet connection to complete online classes.
Community Service
One of the mandatory conditions of your probation will be serving community service. The hours can be somewhere between 24 hours to 100 hours depending upon the facts of your case.
Random Drug Testing
You will also be required to submit to periodic drug testing by your probation officer. If any problems are found, your hours of community service and educational programs can be increased. There is also a good chance that this may lead to incarceration.
No Other Offenses
The primary idea of placing someone on probation is to ensure that the offender does not commit any other offenses while they are under supervision in the community. That is the basis of the agreement you make with the judge when you consent to the probation.
So, while under probation you are expected to not commit any other offenses, failing which will likely get your probation revoked.
Behavior and People to Avoid
While on probation, you are expected to be on perfect behavior and avoid any trouble that may lead to any disruption of peace. You are also required to avoid ‘immoral’ people to ensure you stay on the straight and narrow and not get yourself into any more trouble in the future.
What Happens If You Violate Your Probation Conditions?
The most common way you may end up violating probation is by missing a meeting with your probation officer. You could be stuck in traffic or your car could suddenly break down while you were on your way to your meeting.
If your probation officer trusts you and is on your side, you can just explain the situation and reschedule the meeting. But if your probation officer doesn’t agree to it, it will most likely lead to probation violations and may result in its revocation. This can eventually result in your incarceration, or an increase in fines, DWI classes, and community service hours.
Some other common ways of violating probation are failing the drug test and the ignition interlock device test. Please note that alcohol consumption is prohibited during the probation period, even for adults over the age of 21 years. So, if any alcohol is detected in your system, you may have your probation revoked and likely face jail time for the rest of your sentence.
How Long Does a Typical Probation Last?
If this is your first DWI offense, your probation period can range anywhere from 3 months to 24 months depending upon various factors ranging from your Blood Alcohol Concentration Level, injury to people and property to the temperament of the judge making the decision.
For felony DWI offenses, your probation may last for up to 10 years.
Early Release and Non-Reporting Status
Although a judge does have the power to release you from probation early in Texas, this power does not extend specifically to drunk driving convictions. But you can get a non-reporting status in Texas instead. This way, you will no longer have to meet your probation officer regularly and most of your other requirements will be waived.
You will also be allowed to get your interlock device removed from your vehicle. The only active requirement will be to stay away from trouble and not get involved in any other offenses. Most offenses automatically become non-reporting after 2 years of probation. But you can also submit a petition to the court to change your probation to non-reporting probation.
Get Help With Your DWI Probation
Getting convicted of a crime can be scary and confusing. Everyone will start giving you unsolicited advice which may be well-intended but is, more often than not, ill-fated. If you have been charged with a DWI in Texas, the only advice you should be taking is from an experienced DWI lawyer.
Only they can ensure you get out of this situation without any damage, or with minimum damage if a conviction is unavoidable. They can ensure you get your sentence completely probated, or serve most of it on probation.
A lawyer can also help you maintain your DWI probation by making sure you don’t violate any requirements stated in your probation agreement. Even if you do, they will ensure you get away with minimum damage.
Austin DWI attorney, James Gill has countless years of experience defending those facing DWI, drug charges, and other criminal charges in Texas. Call today to schedule a consultation at 512-448-4560. The Law Offices of James Gill, PLLC serves all of Austin, Westlake, Kyle, Buda, San Marcos, and the surrounding TX communities.