The aftermath of a DWI (Driving While Intoxicated) conviction in Texas has lots of caveats. Especially when it comes to understanding probation terms. Probation, also referred to as community supervision, is an alternative to incarceration.
If you’re taking the probation approach, best practices dictate understanding the terms to ensure your compliance. After all, the idea is to successfully complete the probation period. Right?
If you’re facing criminal charges in Brazoria County and need to talk with a criminal defense lawyer, contact the Law Offices of Sandra Oballe today.
Perhaps we can get your case dismissed. Then, you won’t have to be concerned with probation.
Talk with Sandy today! Call 979-265-6800. Schedule your free consultation immediately.
Probation: A Quick Overview
Probation allows individuals convicted of DWI to serve their sentence under supervision rather than in jail. This conditional freedom comes with obligations. Failing to adhere to the terms of your probationary agreement can result in the revocation of your agreement and prison time.
Common Probation Conditions
Texas law outlines several standard conditions for DWI probation, which may include:
- Regular Reporting: Probationers must report to their probation officer as scheduled. The frequency of these visits can vary based on the probation officer’s discretion and court orders.
- Community Service: The court often mandates a set number of community service hours, usually between 24 to 100 hours for a first offense. These hours must be completed within the probation period.
- Alcohol Education and Counseling: Mandatory alcohol education programs are common. These programs aim to educate offenders about the dangers of alcohol abuse to prevent future offenses.
- Ignition Interlock Device (IID): For certain DWI offenses, an IID may be required. This device prevents the car from starting if it detects alcohol on the driver’s breath.
- Random Drug and Alcohol Testing: Probationers may be subject to random testing to ensure they remain alcohol and drug-free. Failing a test can lead to probation revocation.
- Avoiding Criminal Activity: Committing any new offense while on probation can lead to immediate revocation and additional penalties.
Special Conditions for DWI Offenders
In addition to standard probation terms, DWI offenders may face the special conditions listed below.
- No Alcohol Consumption: Some courts impose a strict no-alcohol policy. This policy requires probationers to abstain from alcohol entirely during their probation.
- DWI Education Program: Offenders might need to complete a state-approved DWI education program. The course usually lasts 12 hours. It covers the impact of alcohol and drug use on driving.
Defense Strategies for Probation Violations
If you were accused of violating the terms of your probation, there may be a defense option for you. The most common defense strategies are listed below.
- Challenging the Evidence: Questioning the reliability of the evidence presented against the probationer.
- Proving Compliance: Demonstrating that the probationer complied with the terms but there was a misunderstanding. Even an administrative error can create issues.
- Mitigating Circumstances: Factors such as personal hardships may have contributed to the alleged violation. Medical emergencies and familial hardships are most common.
Probation Revocation Hearings
A probation revocation hearing determines whether a probationer has violated the terms of their probation. During this hearing, both the prosecution and defense can present evidence and arguments. With our skilled legal representation, we’ve handled these hearings multiple times and have been very effective.
If you’re accused of violating your probation, we’ll be at the hearing for you.
Need Legal Representation in Brazoria County?
Call On Attorney Sandra Oballe, Angleton DWI Lawyer
For more information on DWI probation terms, contact the Law Office of Sandra J. Oballe. Practicing law since 2003, Ms. Oballe has the expertise to guide you through your case with success. Reach out to the Houston office at (713) 524-6656 or the Angleton office at (979) 265-6800.
Attorney Sandra Oballe provides legal representation in Harris County, Galveston County, Brazoria County, Chambers County, Liberty County, and throughout Greater Houston. Get the help you’ll need today.
