You may be able to receive probation if you were convicted of driving while intoxicated (DWI) in Texas. Certain factors in your case may help you negotiate a deferred adjudication (probation), per the Texas Code of Criminal Procedure Art. 42A.101.
If you are facing a DWI conviction and would like the assistance of a criminal defense attorney in hopes of getting probation or even a dismissal on your charges, the Law Offices of Randall B. Isenberg may be able to help you. We can review your case for free and explain your available legal options.
What is “Probation” for DWI?
In Texas, probation is referred to as “community supervision” in the Texas Code of Criminal Procedure Art. 42A.001. Under this legal definition, probation allows defendants to:
- Defer criminal proceedings without adjudication (judgment on a case)
- Suspend any jail or prison sentences by agreeing to probation terms
In short, probation acts as a contract between the probationer (the defendant or you) and the judge. If you were convicted of DWI in Texas, you may be able to receive probation provided you agree to the terms presented in your case.
Certain Factors may Help You Get Probation
Many people facing DWI convictions are able to negotiate a plea deal to get probation instead of jail sentences. Your case may end with probation if:
- This is your first DWI offense and your case has no other aggravating factors.
- No one was injured or killed as a result of your DWI offense.
- There were no children in your vehicle at the time of the DWI offense.
- Your blood alcohol concentration (BAC) level was under 0.15 percent, which is considered a serious offense.
- You do not have a commercial driver’s license (CDL).
Our legal team can review your case to see if other factors may influence the judge to be more lenient on your sentencing. If possible, we may be able to argue to have your charges dismissed altogether.
What Must You Agree to do in Order to Qualify for a DWI Probation?
Probation terms vary by the severity of the DWI offense, but they typically include the following:
- You must not drink or use drugs within your probationary period.
- You must report to your probation officer on a regular basis.
- You must pay court fees and probation supervision fees, along with other fees involved in your case.
- You may be required to have an ignition interlock device installed in your vehicle, per HB 3582, 86th Texas Legislature unless the judge deems it unnecessary.
- You must attend special classes, such as the DWI Education Program, and complete them within your probationary period.
- You must submit alcohol and/or drug tests, which may be performed at random.
- You may have to fulfill community service hour requirements.
- You must not commit any other criminal offenses.
- You must continue employment or find new employment (or return to school for students).
Our attorneys can explain these terms to you so that you understand the parameters of your probation.
Probationary periods also vary in length, which will be determined by the judge and the severity of your DWI offense. A criminal defense attorney from our team may be able to negotiate an early release from your DWI probation, provided you comply with its terms.
Are there Penalties for Violating a DWI Probation?
If your probation officer or another party accuses you of violating your probation, you will have to attend a court hearing with a judge to review your case. The state prosecutor must be able to prove that you violated your probation in order for corrective action to occur, which may involve a jail or prison sentence and other penalties.
You do have a right to retain a criminal defense attorney to help you defend your innocence against any claims about probation violations. Our legal team can help you collect evidence that proves you have been complying with your probation’s terms, which may include:
- Previous drug and alcohol test results
- Class certificates for proof of attendance and completion
- Employment or school information
- Banking statements
- Driving or criminal records
- Photos or video footage of you attending required meetings, classes, etc.
Our legal team is dedicated to advocating for justice. We understand how a DWI conviction can stain a person’s driving record, so we aim to help you reduce or eliminate your charges when possible.
Call the Law Offices of Randall B. Isenberg Today to Hire a Criminal Defense Attorney
If you are facing DWI charges in Dallas, Texas, and are looking for a criminal defense attorney to help you negotiate a plea deal for probation, let a lawyer from the Law Offices of Randall B. Isenberg represent you. We can review your case once you call our law firm. Speak with a team representative about your case today.
