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Family and Criminal Law Blog

Tuesday, September 20, 2022

Violating Probation with a DWI

If you have been convicted of a crime in Texas, it is likely that part of your sentence will include a probationary period. Probation, also known as “community supervision, involves a period of you out in the community that is still monitored by the court through the assignment of a community supervision officer with whom you will need to periodically check in with. During probation, you are required to comply by certain stipulations of your probation, follow established guidelines, and comply with the law. This means that being charged with a DWI can jeopardize things for you as a violation of the terms of your probation.

Violating Probation with a DWI

Driving while intoxicated (DWI) is a crime and, thus, considered a violation of community supervision in the State of Texas. Pursuant to Texas law, a DWI violation is said to occur when a person operates a motor vehicle in a public space while intoxicated. Intoxicated is defined as not having full use of mental or physical faculties due to the consumption of drugs, alcohol, or both. Alternatively, intoxicated means having a .08 BAC or higher. Under these parameters, a person could still be convicted of DWI without having a .08 BAC or higher as long as their mental or physical faculties were found to be impaired by drugs or alcohol.

Because being arrested on suspicion of DWI can be seen as a violation of the terms of your community supervision, it is a serious situation, indeed. Upon arrest, your community supervision officer has the right to file a Motion to Revoke Probation. A judge could issue a warrant for your arrest because of the probation violation. Revocation of your parole could result in you being sent to jail for the original crime whose sentence led to your probationary period in the first place. Additionally, on top of being sent to jail for the original crime, you could face other penalties resulting from your DWI charge.

It is common for those found in violation of the terms of their probation to be held without bond. As such, they must remain in jail until their designated court date. If you are re-sentenced for your original crime, sentencing may be even more severe due to the probation violation. Having a skilled attorney by your side can help you negotiate lower to no jail time and even help negotiate a bond amount so that you can be released pending your court date. While sever consequences may loom in the wake of a probation violation, a seasoned attorney can help encourage the judge to go alternate, less severe sentencing routes such as issuing a warning or revisiting community supervision with altered terms and conditions.

Criminal Defense Attorneys

If you have violated the terms of your probation, do not delay in reaching out to the dedicated criminal defense attorneys at Navarrete & Schwartz. We can help minimize the impacts and avoid possibly dire consequences. We are proud to serve the residence of Midland, Texas. Contact us today.


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Navarrete & Schwartz, P.C. is located in Midland, Texas and serves the surrounding cities and counties, including: Odessa in Ector County, Andrews County, Martin County, Howard County, Winkler County and Crane County.



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