Being charged with a DWI is always an overwhelming experience, especially for those who are on probation for prior offenses. In addition to the new DWI case, they are facing the potential revocation of their existing probation.
A DWI conviction alone can result in jail time, and the stakes are even higher for someone on probation. For help with your case, reach out to a Dallas DWI while on probation lawyer.
Impact of a DWI While on Probation
The impact of a DWI while on probation changes depending on what type of offense an individual is on probation for. If they are on probation for a felony offense, even it was not alcohol-related, the district judge will take the DWI arrest very seriously. There is a chance the judge will revoke probation and send the individual to jail.
If they are on probation for an alcohol-related offense, such as another DWI, attorneys oftentimes encourage the accused to get into a treatment program. This can help mitigate the potential consequences of the probation violation. In response to a probation violation, judges have the option of revoking it or keeping the individual on probation with perhaps some additional conditions.
For example, the judge may require that the individual put an ignition interlock device on their car. They might also require that the individual wear a SCRAM bracelet, or trans-dermal alcohol device, to make sure the individual is not drinking. The penalties could get very steep if an individual picks up a DWI while on another probation.
Typical Conditions of Probation in Dallas
One of the most important conditions of probation is that the individual does not commit a new crime. Other common conditions of probation include:
- Reporting to a probation officer
- Taking classes
- Paying a fine, court costs, and probation fees
- Complying with travel restrictions
- Abstaining from alcohol
The length of a probationary period depends on the individual case. A misdemeanor probation could be as short as 90 days or as long as two years. Felony probation could last anywhere from two to ten years.
How a DWI Conviction Violates Probation
Getting a DWI qualifies as a violation of probation in two ways. If an individual has a condition of their original probation that says they are not allowed to drink alcohol, that could be a violation. Additionally, they would be required not to be arrested for any new offense. If they get arrested for a DWI, then that is a violation of that rule.
The situation becomes much more serious, however, when an individual is on probation for another DWI or a felony offense. In this case, the court does not have to wait for the DWI to end because the burden of proof is lower in a probation violation hearing. If the judge thinks it is more likely than not that the individual committed that new crime, they could revoke the probation while the other case is still pending.
If acquitted in the DWI case, the person goes back on probation. The court generally would take no further action as long as the individual did not violate another condition, such as abstaining from alcohol.
Reach Out to a Dallas DWI While on Probation Attorney
If you were arrested for driving while intoxicated and you are currently on probation for a prior offense, do not risk handling your case alone. The judge could revoke your probation or impose harsh new conditions. The best way to fight for a positive outcome is with a Dallas DWI while on probation lawyer by your side. Call today for a consultation.