If you violate your probation by getting a DWI in Texas, you could face a number of penalties. One, the court may decide to revoke your probation, meaning you might have to serve the maximum sentence for the crime for which you originally got convicted.

It is essential to contact a DWI lawyer as soon as possible after getting arrested for driving while intoxicated on probation. A probation violations attorney may be able to keep you from getting your probation revoked and going to jail. The DWI defense team at the Law Offices of Randall B. Isenberg offers a free consultation. We will review your case and go over your legal options. To speak with a member of our staff, call 214-696-9253.

Your Probationary Status After a DWI in Texas

A DWI — or any criminal offense, for that matter — constitutes a violation of probation in Texas. Anytime you are suspected of violating your probation, the court may elect to file a Motion to Revoke Probation. In other words, it can request to have you arrested and returned to court to face the full punishment for your previous conviction.

If you get arrested for a probation violation, you may not be able to bail out of jail. Without bail, you could remain in a cell until your court date. Remember, you have already been convicted of the original crime, so the traditional rules that apply to accused persons who are presumed innocent do not apply in this situation.

If your probation gets revoked and you get sentenced to jail for the initial crime, you could end up serving a longer sentence than if you had gone to jail immediately upon conviction. That is because the judge may tack on more time for the probation violation itself.

A lawyer can help you avoid many of these nightmarish scenarios that stem from a DWI while on probation in Texas.

Your Probation Violation Hearing

Anytime you get accused of violating your probation in Texas, you are entitled by law to a hearing. At your hearing, the prosecutor will present evidence that you violated your probation, and you have the right to testify or present evidence to the contrary.

This hearing differs from a traditional criminal trial in one significant way. At a criminal trial, the prosecutor has the burden of proving beyond a reasonable doubt that you are guilty of the crime for which you have been accused. That is a high standard to meet, and defendants often get exonerated because their attorneys are able to raise a sliver of doubt.

The Challenges of a Probation Violation Hearing

At a probation violation hearing, the prosecutor only has to meet the preponderance of the evidence standard. That is, if they can demonstrate that it is 50.1 percent likely you violated your probation, you could go to jail.

This makes it especially important to have aggressive legal representation at your hearing. The team at the Law Offices of Randall B. Isenberg will fight to keep you from going to jail. Attorney Randall Isenberg worked for many years as a prosecutor in the Texas courts and knows how to negotiate with them.

How Being on Probation Affects Your DWI Charge in Texas

If you violate probation by getting a DWI in Texas, then you have an existing criminal record. The DWI sentencing guidelines in Texas often impose harsher punishments on people with criminal backgrounds. This is especially true if you violate p  with a DWI. The consequences for drunk driving in Texas get harsher with every subsequent offense. You could end up with a lengthy jail sentence and several years of license suspension.

A first-offense DWI in Texas may come with a short sentence, but many people avoid jail altogether. But a second DWI can land you in jail for up to a full year, and a third offense can result in 10 years in prison — as well as a felony criminal record that follows you forever, holding you back from getting your life on track by making it difficult to get a job, rent an apartment, or go back to school.

To Receive a Free DWI Case Evaluation in Texas, Call the Law Offices of Randall B. Isenberg at 214-696-9253

The Law Offices of Randall B. Isenberg is a Texas criminal defense firm that focuses on DWI law. If you are facing accusations of violating your probation by driving while intoxicated, our team can defend you aggressively. We offer a free consultation and case evaluation. To speak with a member of our staff today, call us at 214-696-9253.

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Probation offers an offender a chance to avoid jail time, which is up to 180 days for a first-time DWI conviction. If you violate probation (known in the statutes as “community supervision”) for a DWI, you risk serving the full jail term you sidestepped the first time around. You could also face other penalties.

Probation for Driving While Intoxicated

Probation is a court-ordered period of supervision for offenders that a judge grants in lieu of serving time in jail. A judge agrees to suspend a jail term in exchange for you agreeing to follow a list of conditions throughout your period of community supervision.

A first-time DWI offense often carries a probationary period of between six months and two years as well as other penalties. If you fail to follow all the agreed upon conditions, a judge can order you to serve the jail time you initially avoided. The judge can require you to serve out the maximum sentence allowed for your offense.

Common Terms of Probation

When you receive community supervision, you agree to:

• Pay Costs: Any fines, court costs, restitution, and other supervisory fees must be paid by the agreed upon time.
• Check In With a Probation Officer: To ensure you satisfy all of the terms of your probation, you must meet with a probation officer on a regular basis. Generally, this occurs once per month, but it can vary depending on the circumstances.
• Attend Required Classes and Meetings: If you are on DWI-related probation, you will likely be required to attend special classes, such as the DWI Education Program. The court may also order treatment.
• Submit to Regular Alcohol and/or Drug Testing: Any Texan on DWI probation will need to submit to periodic alcohol and/or drug tests.

There are several other conditions you may need to satisfy. Depending on the circumstances, a judge may also order the installation of an ignition interlock device on your car. To start the car, a person has to blow into the device. If it detects alcohol, the car will not start. This is common on second- or third-offense DWIs

Actions that Violate Probation

If you violate your community supervision for DWI, the court issues a warrant for your arrest. The following are common examples of actions that violate DWI probation:

• Failing to show up with meetings with your probation officer
• Getting arrested
• Failing to pay restitution to victims
• Using alcohol or drugs
• Failing to attend and complete court-ordered alcohol and drug awareness program
• Possessing illegal drugs

Penalties for Violating Probation

In Texas, judges, prosecutors, and other court officials take probation violations very seriously. Ultimately, a judge determines your punishment for violating probation, but it may include:

• Jail time
• A longer driver’s license suspension
• Community service
• Fines
• Additional education courses
• Mandatory treatment

A judge can revoke your probation even if it is your first violation. Whether or not you end up going to jail will likely depend on your violation.

For instance, getting a little behind in paying court costs may not land you in jail. Instead, a judge may reiterate the consequences of violating probation and opt to extend your period of supervision — or add extra conditions onto your probation agreement.

The chances of jail time significantly increase if you missed a probation meeting or tested positive for drugs. In the end, the judge has the authority to make the final decision.

A criminal defense lawyer may be especially helpful when judges are reconsidering your terms.

Confinement for DWI Probation Violations

If a judge revokes your probation and you are given jail time for the violation, the time in confinement does not count toward the sentence for the DWI conviction. Therefore, you may serve time for the violation and for the DWI conviction.

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Appealing Revoked Probation

If your probation was revoked, you have the right to challenge it. A hearing is scheduled and during the proceeding, your probation officer will have to prove that you violated probation. If a judge is not satisfied with the evidence, they cannot revoke your probation.

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Get Legal Representation in Texas

Violating probation can impact your freedom, your job, and your family. Failing to take the issue seriously or not getting solid legal advice may worsen your situation. Getting early intervention from a DWI lawyer in Texas may help you minimize the consequences of your probation violations.

Instead of facing the legal system alone, turn to the Law Offices of Randall B. Isenberg for help. Let one of our dedicated lawyers fight to protect your rights. Call 214-696-9253 to discuss your case with one of our team members. There is no charge for our case evaluation.

Call or text or complete a Free Case Evaluation form

(214) 696-9253