DWI Probation Violation in Texas

Probation and 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. (Related reading: Background Check in Texas)

If you are convicted of a 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. Contact Houston DWI lawyer Mark Thiessen 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 possible three to 180 days of jail time, and loss of your driver’s license for 90 to 365 days.

First offense with a BAC of greater than .15, class A misdemeanor: Comes with a fine not to exceed $4000, county jail time from 30 days to one year, and a driver’s license suspension from 180 days to two years.

Second offense, class A misdemeanor: A maximum fine of $4,000 and/or 30 days to one year of jail time, and possible suspension of your driver’s license for 180 days to two 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 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. 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 Houston DWI attorney Mark Thiessen for a free consultation to discuss your case. You can also use the form to request a free DWI consultation. (Read more about consequences of misdemeanors: Misdemeanors that prevent employment)

Conditions of DWI and other Probation in Houston and 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 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 or driving while intoxicated.
• 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. (See more: How long does a DWI stay on your record in Texas?)

DWI Probation Violation in Harris County, Texas

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
• Arrest
• Failure to pay court-ordered compensation to one or more of the victims
• Found to have alcohol or drugs in their system
• 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. Bear in mind that legal and civil consequences aren’t the only things you may face. Read more: Can you get fired for a DWI?

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• Houston DWI penalties & consequences
• Texas DWI field sobriety tests