If you have been arrested for driving while intoxicated (DWI) or are facing allegations of a probation violation, immediate action is required to protect your interests. Our Houston DWI lawyers offer experienced, knowledgeable counsel when you need it most. We have a deep understanding of DWI law and the fallacies of current police technology used to determine blood alcohol content. Our team is also experienced in all other types of criminal defense, including Harris County DWI probation violations, drug cases, assault, manslaughter, and prostitution. The Thiessen Law Firm handles any type of criminal case.
Probation & Community Supervision
Be aware that in Texas, the definitions surrounding DWI probation violation have changed. “Adult Probation Department” for Harris County is now called the “Community Supervision and Corrections Department.” The terms “probation” and “probation officer” have also been changed by the Texas State Legislature to “community supervision” and “community supervision officer,” respectively.
If you are convicted of DWI in Houston, probation (community supervision) will more than likely be a part of your sentence. It is possible, though not a guarantee, that you will receive a probated jail sentence or fine for a misdemeanor DWI charge. An experienced Houston DWI attorney can explain the penalties for various DWI charges and the conditions of probation to you. Our firm is standing by to help if you have been charged with violating your Harris County DWI or other Texas probation.
Penalties for misdemeanor charges include:
- First offense, Class B misdemeanor: This comes with a fine of no more than $2,000 and/or 3 to 180 days of jail time, and loss of your driver’s license for 90 to 365 days. However, if your BAC is greater than a 0.15, it is a Class A misdemeanor and the punishment and fines are doubled.
- Second offense, Class A misdemeanor: A maximum fine of $4,000 and/or 30 days to 1 year of jail time, and possible suspension of your driver’s license for 180 days to 2 years.
If you are convicted of intoxication assault, 30 days in jail is mandatory as a condition of probation. Intoxication manslaughter will require a minimum of 120 days, up to 180 days, of jail time as a condition of your probation. For both intoxication assault and intoxication manslaughter, if you are found to have committed the offense with a deadly weapon, you may not be eligible for probation (only a Jury can give probation with a deadly weapon finding with a prison sentence assessed at less than 10 years). Loss of your driver’s license is also one of the penalties for intoxication assault and intoxication manslaughter.
If you are convicted of a DWI, it is important you understand the terms of your probation and the penalties for violating it. If you are caught in violation of your Texas DWI probation, contact a Houston DWI attorney at our firm for a free consultation to discuss your case.
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Conditions of DWI & Other Probation in Houston & Harris County, Texas
Probation for DWI and other cases in Houston and Harris County, Texas can include a number of conditions, including:
- Payment of restitution. The probationer may be required to pay fees and fines associated with the charge, as well as attorney and court fees and costs.
- A drug and alcohol evaluation to determine what, if any, type of treatment is appropriate for the probationer.
- Enrollment in a DWI and/or anger management class, completed within six months of sentencing and paid for by the probationer.
- Installation of an ignition interlock device, which analyzes the driver’s breath samples and automatically locks the ignition if any alcohol is detected. (Probationers without a car will sign an affidavit saying they will not drive while on probation.)
- Periodic urine samples, eye scans, and breath tests to detect the presence of drugs or alcohol. A probationer cannot refuse any test when asked by a police officer, staff member of the court, or a probation officer.
- Required attendance at a Victim Impact Panel, where the probationer will hear stories from people whose lives were impacted by a drunk driver.
- Community service. (Note that this is not the same as “community supervision.”)
While it is against to law to end a DWI probation early, there are certain situations where an experienced Houston DWI lawyer may be able to petition for an early discharge.
Harris County DWI Probation Violations
If a probationer does not follow all of the conditions of their parole, their probation officer will issue a Motion to Adjudicate or Revoke Probation. In simple terms, DWI probation violation in Harris County and Texas means a warrant will then be issued for the probationer’s arrest.
Violations of probation include:
- Failure to attend scheduled court dates or meetings with their probation officer
- Failure to pay court-ordered compensation to one or more of the victims
- Alcohol or drug use
- Failure to attend court-ordered alcohol and drug-awareness class
- Possession of any illegal narcotics
DWI in Houston comes with very severe penalties, including fines, loss of your driver’s license, and jail time. Penalties for probation violation can vary widely, depending on the circumstances of the violation, but are no less serious and costly.
If you have been charged with a DWI or violating the conditions of your parole, do not wait to contact our Houston DWI lawyers online or at (713) 864-9000.