DWI Probation

Probation is an agreement between you and the judge in which the judge agrees not to impose a jail sentence in exchange for you agreeing to do (or not do) certain things during a set amount of time. This set amount of time is known as the probationary period. For a first offense, the probationary period can extend up to two years.

In most cases, if you have no prior convictions, then a judge will suspend your entire jail sentence and place you on probation for a minimum of six months. Typically, a probation period is one year in length. During probation, you are required to do the following:

  • Report to the probation officer assigned to you;
  • Pay fines, court costs, and monthly probation fees;
  • Do community service for 24 to 80 hours in duration;
  • Attend a Texas DWI Education class;
  • Attend a Victim Impact Panel (VIP);
  • Get a drug and alcohol evaluation;
  • Maintain a job and support any and all dependents; and
  • Take random urinalysis.

In addition to the things that you must do while on probably, there are also some things that you must not do. These include:

  • Drink alcohol or take drugs;
  • Visit bars, clubs, or lounges;
  • Violate the law;
  • Socialize with persons of questionable moral character; and
  • Refrain from committing a crime or associating with criminals.

If you receive a second DWI conviction, then your chances of having your entire jail sentence reduced in place of probation are much more minimal. Instead, there is a minimum 72-hour continuous confinement requires for a second DWI conviction. The judge may, however, suspect the rest of yours sentence and place on you on probation. For a third DWI conviction, which is considered to be a felony conviction, you must spend 10 days in county jail. After that, you may receive a probation sentence in lieu of a jail sentence that requires you to perform community service and participate in a substance abuse program.

Above intoxication manslaughter and intoxication assault are briefly discussed. If you obtain probation for intoxication manslaughter, then you will be required to serve a community service sentence ranging between 240 and 800 hours; serve a minimum jail sentence of 120 days; and participate in substance abuse/alcohol programs whether they be in-patient or outpatient. The penalties are similar with an intoxication assault probation—you will have to serve community service, serve in county jail for a minimum of 30 days, and participate in a substance abuse program.