Texas takes driving while intoxicated (DWI) extremely seriously, and if you are convicted, you can expect harsh penalties. With an experienced Temple criminal lawyer skillfully advocating for your case’s most beneficial resolution, however, there is the possibility of obtaining probation, which will allow you to continue living at home (while monitored by the county’s Community and Supervision Corrections Department). While probation is not the best path forward in every case, your dedicated lawyer will help you explore your legal options and strategize the best course of action for you.
Types of Probation
There are two basic types of probation under Texas law.
Deferred Adjudication Probation
Deferred adjudication probation is generally reserved for first-time offenders. In deferred adjudication probation, the court defers adjudicating guilt in the matter, which means that it does not enter an official finding of guilt but waits until the probation period that it orders comes to an end. If the defendant adheres to all conditions of probation laid down for him or her by the court, the case will ultimately be dismissed with no finding of guilt. While there may be a record of the deferred adjudication probation and the details of the arrest, there is no associated record of a criminal conviction.
Suspended Sentence Probation
The court may impose a suspended sentence of probation after a finding of guilt. In such a situation, the judge sets the defendant’s sentence for either jail or prison but proceeds to suspend the sentence for a similar term of probation. Once the defendant satisfies the terms of probation, the sentence is considered complete without the need for incarceration.
DWI Probation: The Terms and Conditions
While every DWI case is unique to the circumstances involved, some of the most common terms and conditions of DWI probation include:
Paying all fines, court costs, and any restitution owed (worked out in a payment plan if necessary)
Regularly reporting to a probation officer
Having an ignition interlock installed that requires you to blow into the device in order to start your vehicle
Submitting to periodic and regular alcohol and/or drug testing
Abstaining from committing any additional offenses
Attending alcohol education and awareness classes and/or alcohol treatment
Not traveling outside the country without permission to do so
Performing a required number of community service hours
Submitting to a suspended license or to some level of driving restriction for a specific amount of time
Spending a specific amount of time in jail may be required prior to the beginning of the probationary period
It Is Time to Consult with an Experienced Temple Criminal Lawyer
Brett Pritchard at The Law Office of Brett H. Pritchard in Temple, Texas, is an accomplished criminal lawyer who dedicates his practice to protecting the legal rights of clients like you, and he is here for you, too. Your case is important, so please do not wait to reach out and contact or call us at 254-501-4040 today for more information about how we can help you.