When someone is on probation, they must refrain from breaking the law or they could suffer harsher penalties from the offense. A violation of probation could result in jail time, especially when the violation is a DWI.
If you have been charged with a DWI while on probation in Midland, make sure you contact an experienced attorney so you could possibly avoid the potential consequences. Hiring a lawyer gives you the best chance moving forward after the arrest.
DUI When Already on Probation for a Previous DUI
If a person is on probation at least in Texas for a previous DWI, they will have a final conviction. If the offender has a misdemeanor, an attorney can get them a bond to get out of jail on the application of revoked probation. If the individual is on probation for a felony DWI, they will probably not get a bond or the bond will be very high. There is no requirement that the government or the courts give a bond if a person is on felony probation straight from a convicted felon.
If a person is on another type of probation, they might be on what is called a deferred probation which means that they would be entitled, even on a felony case, to have a bond set in their case. The person may be able to stay out of jail while the new case is being resolved as well.
Violating Probation With Second DWI Charge
Getting a DUI charge while already on probation for a prior offense probably means that the current DWI will be enhanced. If they are put on probation for their first DWI, this would be a second DWI. If the defendant was on probation for a second DWI, this probably moves it into a felony case so it will increase the punishment and it will also increase the potential liabilities that they have in the new case as well as the potential of being revoked in the old case.
If a person is found not guilty of a DWI while on probation in Midland but there could be evidence put on that they consumed alcohol then that might be enough to revoke the probation.
Typical Conditions of a Probations
There are many conditions for probation that they are not allowed to violate. The typical stipulations of probation are:
- Cannot consume alcohol
- Cannot take any drugs that are not prescribed by a physician
- Has to remain in Midland County unless they get permission to leave
- Curfew and the offender is not allowed into bars
- An ignition interlock on the person’s vehicle
- Community service hours
- Classes and counseling
- Random urinalysis
- Has to report at least once a month to their probation officer
- Cannot violate the law and get arrested for new offenses
Contact an Experienced Attorney
Violating probation can dramatically increase the penalties for the first offense. If you have been arrested for a DWI while on probation in Midland, make sure you seek the services of a professional attorney who can help you through the legal process. An attorney could help you by fighting by your side during the case.