Community service, or probation in Texas, is commonly used as an alternative to imprisonment for DWI offenses. A court may allow certain DWI offenders to have their sentences set aside and be placed on DWI Community Supervision / Probation. This is commonly known as deferred adjudication.
If an individual receives probation for their alleged DWI offense, he or she will be required by court order to complete various programs and follow numerous requirements.
DWI Probation Defense Lawyer in Irving, Dallas, Carrolton, Richardson, TX
If you have been charged with or convicted of a DWI and facing DWI community supervision, contact the Law Offices of Richard C. McConathy today at (972) 233-5700 for a consultation about your alleged offense in Irving, Dallas, Carrolton, Richardson, and surrounding areas of Dallas County, Texas.
Attorney Richard McConathy is knowledgeable in all areas of Texas’ driving while intoxicated laws and will make every effort to help you receive probation for our DWI conviction penalty.
Texas Driving While Intoxicated (DWI) Offenses
An individual can be charged with a Driving while intoxicated offense in Dallas if they operate a motor vehicle in a public place while they are intoxicated, according to Tex. Pen. Code Ann. § 49.04.
An individual is considered intoxicated under Texas law if they are not able to use their normal physical or mental functions because they have consumed too much alcohol, controlled substances, or a combination of both. An individual is per se intoxicated, meaning they are automatically considered intoxicated no matter what if their alcohol concentration level is .08 or higher.
Texas Community Supervision Definition
Texas Code of Criminal Procedure art. 42.12 Sec. 2 defines community supervision as the placement of an alleged criminal offense under a variety of programs, prohibitions, and requirements to be completed over a specified period of time, with certain requirements as determined by the court. During this period of time, the offender’s criminal proceedings are deferred without a determination of guilt, or the offender’s prison or jail sentence and/or fines are suspended pending the outcome of the probation period.
An individual is not eligible for community supervision if their DWI offense could have resulted in a prison term that is more than ten years.
DWI Community Supervision in Texas
If a judge grants community supervision to a defendant who has been convicted of a DWI, according to Sec. 13 of Tex. Code Crim. Proc. Ann. art. 42.12, the requirements described below may be imposed on the individual.
Mandatory imprisonment or confinement for the following offenses:
- 72 hours in jail for two DWI offenses
- Five days in county jail for a second DWI offense committed within five years of the previous DWI offense
- 10 days in county jail for three or more DWI offenses, or one DWI offense committed after a previous DWI manslaughter offense;
- 30 days in jail for intoxication assault; and
- 120 days confinement for intoxication manslaughter
Individuals on community supervision are also subject to an evaluation for the purpose of substance abuse rehabilitation. If treatment is determined to be necessary, they will be required to complete a substance abuse treatment program approved by the Texas Commission on Alcohol and Drug Abuse or the Texas Department of Criminal Justice. Additionally, the individual will be required to pay for any rehabilitative efforts unless the individual is unable to pay.
DWI offenders on probation will also probably be required to complete within 180 days an alcohol educational program approved by the Texas Commission on Alcohol and Drug Abuse, Department of Public Safety, Traffic Safety Section of the Texas Department of Transportation, and the community justice assistance division of the Texas Department of Criminal Justice. If the individual is a repeat DWI offender, they will be required to complete an education program specifically for repeat offenders.
Individuals on community supervision for DWI are also subject to possible installation of an ignition interlock device i.e. deep-lung breath analysis machine. If the individual is a repeat DWI offender, installation of the device is mandatory.
A driver’s license suspension for a period of:
- 90 days to one year for any first DWI offense,
- 180 days to two years for any second or subsequent DWI offense, and
- One to two years for any second or subsequent offense committed within five years of the previous offense.
Possible Additional Conditions of Probation in Dallas
If a court permits an individual to attend community supervision or probation for their DWI, they may also be required to do any of the following:
- Commit no other criminal offenses;
- Avoid bad habits, including the use of illegal drugs and alcohol;
- Avoid individuals who may be a bad influence;
- Report to a probation/community supervision officer every month;
- Allow the probation officer to visit the offender’s home or place of employment;
- Abide by the rules and regulations of the Community Supervision and Corrections Department;
- Find suitable employment and notify the Community Supervision and Corrections Department if anything changes;
- Remain within Dallas County or another approved county unless the court or probation officer allows the individual to leave;
- Pay any child or family support;
- Submit to random urine testing; and/or
- Pay any fines, fees or restitution.
Failure to follow any of the probation or community supervision requirements can result in a guilty conviction for the DWI offense and possibly the maximum statutory penalties for the DWI offense.
Dallas DWI Probation Resources
Texas Constitution and Statutes – This link is to chapter 42 of the Texas Code of Criminal Procedure, which defines DWI community supervision in Texas and the requirements for probation in Dallas in Article 42.12.
Texas Department of Public Safety – The Texas Department of Public Safety (DPS) is a state government agency that protects Texas citizens from crimes, enhances public safety, and provides information about criminal justice programs throughout the state, including community supervision. A local Dallas DPS office is located at:1500 Marilla 1B South
City of Dallas Building
Dallas, Texas 75201
Phone: (214) 651-1859
Texas Department of Criminal Justice – The Texas Department of Criminal Justice (TDCJ) seeks to provide public-safety, promote positive change in offender behavior, and reintegrate criminal offenders into society. This government department regulates community supervision and probation in Texas.
Find A Dallas County Defense Attorney for DWI Probation | Law Offices of Richard C. McConathy
Richard McConathy is an experienced lawyer for DWI in Dallas who will make every effort to help you receive probation for your DWI charges.
Contact the Law Offices of Richard C. McConathy today at (972) 233-5700 for a consultation about your alleged offense in Irving, Dallas, Carrolton, Richardson, and surrounding areas of Dallas County, Texas.