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  • Writer's pictureJustin Sparks

What Is DWI Probation Under Texas Law Like?

Texas has one of the strictest and most demanding DWI case charges. Motorists can expect to face criminal penalties, court costs, prolonged probation periods, or even jail time depending on the DWI charge if convicted of a DWI offense.

However, the court has recently softened the laws for DWI probation in Texas, providing convicted individuals with more leeway and chances to revoke probation entirely. Charged motorists should hire an experienced DWI lawyer if they want to finish probation early or want their jail sentence reduced.

How Long Is A DWI Probation In Texas?

How Long Is a DWI Probation in Texas?

The other name for probation in Texas is community supervision. Convicted individuals will have to provide community service hours under the DWI defense law instead of serving jail time. Defendants are allowed to stay within society and work for specific sanctions and programs. As a result, they don't have to worry about a jail sentence. However, there are a few things the convicted individual must do as DWI probation requirements:

Report to the Probation Officer

Guilty and charged motorists must report to the probation officer they are serving under at least once or twice a month. Not being able to do so will be counted as a probation violation by the law and under community supervision. Those with a history of DWI cases and intoxication assault might have to meet with a probation officer on a regular basis. On the other hand, those on first-time DWI probation in Texas might have to report to authorities once.

Restrain from Committing More Crimes

Individuals on their first DWI conviction must not commit any other crime while serving this alternative to jail time. The probation period is a considerate move by the law, allowing the convicted to redeem themselves without having to perform a jail sentence. Committing crimes while under a probation program will be seen as probation violations of Texas law.

Undergo Breath Testing

Guilty individuals must comply with random drug testing under the probation officer or community supervision. This is an essential requirement, which allows the court to know if the convicted is still consuming alcohol during the DWI probation period.

Staying Inside the State

Those charged with a DWI conviction cannot leave the state unless allowed to do so for medical purposes by the probation officer. Serving DWI probation in Texas means individuals must stay under community supervision and bear all court costs without stepping outside the county.

Pay Fees for the DWI Charge

If proven to be guilty, the individual must pay hefty fines and a fixed cost to the court per month. This fee can range from $400 to $500, with an additional $60 for probation officer costs.

Attend DWI Education Classes

Everyone on a DWI case must attend special education classes held and ordered by the court. As per community service for DWI probation in Texas, convicted individuals might also have to complete a victim impact panel.

What Can Happen Due to Probation Violation?

A DWI conviction case in Texas is very tough and expensive, with specific requirements the convicted must comply with. Not being able to do so can result in a probation violation and an extended period of community service.

However, this is where an experienced DWI lawyer can help. The best DWI lawyers in Tarrant County can present the defendant's case with legal authority in court. On top of that, professional help can even help drop probation terms or jail time entirely. Knowing when to seek assistance from a Houston DWI lawyer is critical when facing DWI probation in Texas.

Different Types of DWI Conviction Cases

Not all DWI probation charges in Texas are due to intoxication. Being liable for potentially harming others in the vehicle through reckless drunk driving can also impose jail time on individuals. There is also potential of getting a DUI when not driving.

  • Intoxication Manslaughter

This is a second-degree felony according to Texas Code 49.08, where an intoxicated individual causes the death of a bystander by accident. Such catastrophic mistakes fall under criminal law and, therefore, face charges according to the severity of the case as well.

  • Intoxication Assault

Another serious DWI offense is causing bodily injury to an innocent bystander while under heavy intoxication in a public space. This is a third-degree offense and usually results in a driver's license being seized, criminal charges, long-term DWI probation, and hefty fines.

  • Carrying Under-age Passenger

Driving a vehicle while intoxicated with an under-aged passenger (not more than 15 years) can result in a DWI probation with additional jail time if any harm was caused to the passenger. It is very important to know your rights at a DUI checkpoint. The period of probation varies according to the charges an individual faces and whether it's a first-time offense or repeated action. Pairing with a DWI defense lawyer can help defendants soften the DWI charges.

Committing to DWI Probation Requirements in Texas

After receiving probation for DWI in Texas, all convicted individuals must comply with a set of rules and requirements, as mentioned above. Here's a quick summary of what those who receive probation must do during this period:

  • Attend education classes

  • Clear fines and penalty fees

  • Have an ignition interlock device installed

  • Not abuse alcohol or any other drugs

  • Undergo random drug testing

  • Not commit further crimes

  • Attend monthly meetings with a probation officer

  • Not leave town without notifying the court and probation officer

  • Continue providing community service hours

  • Complete the victim impact panel

Severe Penalties for Repeated Probation Violations

Convicted automobilists must face severe penalties for repeatedly violating requirements set by the court. These charges will vary according to the severity of the issue but usually follow a pattern like this:

Receive Warning

Following the violation of a requirement as a first-time offense, the probation officer might only provide a warning to the convicted instead of directly taking the matter to court.

Court Interference

In case of a second or subsequent offense, the court can admonish guilty individuals with rebuke and the possibility of jail time.

Amended Probation

Following the violation of requirements, the court may extend the probation conditions and increase the time required to serve under community supervision.

Serving Jail Time

Being unable to follow court instructions due to personal negligence or other offenses can result in serving a jail sentence or long-term prison time. However, hiring a qualified DWI defense attorney can help convicted individuals plead guilty and even receive early release. On the other hand, completing all the established requirements during probation can allow lawyers representing charged automobilists to fight for early termination of probation entirely.

Choosing Between Probation and Jail Time

DWI offenders in Texas don't always have the option to choose between serving extended probation under community supervision or simply accepting prison time. This depends on what the court and judge thinks is best for the individual, depending on past felonies and criminal histories.

Most people directly select prison time over probation, which allows the individual to have a guaranteed time to serve. However, it also allows the judge to choose how long the convicted has to be in prison, which leaves the defendant with limited options. As a result, it's best to seek legal advice from a Houston DWI lawyer and understand the rights against DWI in Texas. Qualified and experienced attorneys can even convince the court to grant early release, therefore preventing the need to serve jail time or probation.

 Serve Prison Time Or Probation?

Which Is Better - Serving Prison Time or Probation?

Surprisingly, most people would choose to go to jail over serving community ministrations during probation. This is because of the extra costs and penalties that the latter option carries. Unlike prison, convicted individuals have to meet officers regularly and also attend various classes, which require hefty fees.

On the other hand, while prison doesn't come with extra expenses, it does take a toll on mental and physical health. Not many people can bear the thought of going to jail, let alone having actually to spend significant time there.

In the end, it depends on what the convicted wants, but it's wiser to talk to a criminal defense lawyer or DWI attorney before concluding anything. A lawyer can help defendants learn their rights and which option would suit them best in the long run.


Being arrested or held accountable for DWI in Texas can cause offenders to deal with financial costs and emotional trauma. However, hiring an experienced DWI lawyer can allow convicted individuals to figure out a game plan and understand how to navigate such troubling situations. Defendants must first choose between pleading guilty or not guilty when presented in court for DWI charges. The next thing to do is consider probation or long-term prison time (the duration depends on the severity of the charges).

Either way, a defense attorney can represent the convicted in court and sometimes even seek early release or probation termination, depending on how strong the evidence and case are. A seasoned lawyer can assist defendants in fighting for their cases and increase the odds of winning through a fair trial. Many recognized law firms now provide free consultation as well, so hiring a lawyer doesn't always have to cost a fortune.


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