There are consequences to DWI probation violations. If you violate the terms of your Texas probation, you may need to serve the full penalties you received during sentencing. This could include significant fines and jail time.
Understanding How Probation Works
In Texas, the state defines probation, known in the statutes as “community supervision,” as the “placement of a defendant by a court under a continuum of programs and sanctions, with conditions imposed by the court for a specified period” during which proceedings are deferred or a jail/prison sentence is probated.
This means you receive probation in lieu of going to jail or serving other penalties. As a part of probating your sentence, the court put certain terms on your probation. Violating any of these terms — even forgetting to call your probation officer when required — could cause the judge to revoke your probation.
Probation is an agreement between you and the court. You do not have to serve your jail sentence as long as you follow their rules for the set time. When you receive probation as a part of a DWI sentence, this is the court giving you a break. They will suspend some or all of the consequences of your conviction — jail, fines, and other penalties — as long as you agree to follow the terms they set.
An Example of the Consequences of Probation Violation
For example: the prosecution convicted you of a DWI in Dallas. The judge sentenced you to 180 days in jail and a $1,000 fine. However, he waived your jail time and fine, giving you a year of probation instead. This means you just have to follow the terms of the probation for a year and you will not have to go to jail or pay the $1,000.
However, if you violate the terms of the probation, the judge can revoke your probation and send you to jail for 180 days and demand you pay the $1,000 fine.
What Are the Terms of My Probation?
While the terms of probation can vary somewhat from case to case, in general, you will likely need to:
- Report to your probation officer at a set time, likely once a month at least
- Avoid further convictions of any crime
- Perform community service hours as assigned
- Attend an Alcohol Awareness Program as mandated
- Abstain from drugs and alcohol
- Pay all fines and court costs
- Submit to drug and alcohol testing as requested
- Install an ignition interlock device on your vehicle, if required
Violating any of these terms, or other terms as defined in your agreement, can mean facing significant consequences. If the court agrees to issue community supervision, this is your opportunity to avoid some of the most damaging penalties associated with a DWI conviction. You do not want to jeopardize that by forgetting to call your probation officer or by getting arrested for a minor offense.
The Eddington Worley May Be Able to Help You Get Probation or Fight Allegations of a Violation
The DWI defense attorneys from Eddington Worley are often able to help clients reach an agreement with the judge about probation. Let us review your case and help you understand the options for fighting for a more favorable outcome. If this includes a plea deal or negotiating a sentence, we may be able to help you get community supervision instead of the harsher DWI penalties you face.
This is often the best way to avoid jail time if the prosecution has a strong case against you. At the same time, the judge could probate other penalties as well. We can try to get your fines and other penalties reduced through probation. For many of our clients, this allows them to get back to life as usual sooner.
Fighting Allegations of a Probation Violation
If you have been accused of violating your probation agreement, we can help you build a solid defense. We will look into the facts behind the alleged violation, and work to explain it from your point of view.
Talk to a Texas DWI Attorney About Your Case Today
At Eddington Worley, our team knows how stressful it can be to face criminal charges or allegations. No matter if you are fighting DWI charges or allegations of a probation violation after a drunk driving conviction, we can help. Let us evaluate your case and offer support and legal guidance. There is no reason you have to face this alone.
Call us today at 855-600-6695 to learn more or get started today.