If you violate your probation by getting a DWI in Texas, you could face a number of penalties. One, the court may decide to revoke your probation, meaning you might have to serve the maximum sentence for the crime for which you originally got convicted.
It is essential to contact a DWI lawyer as soon as possible after getting arrested for driving while intoxicated on probation. A probation violations attorney may be able to keep you from getting your probation revoked and going to jail. The DWI defense team at the Law Offices of Randall B. Isenberg offers a free consultation. We will review your case and go over your legal options. To speak with a member of our staff, call 214-696-9253.
Your Probationary Status After a DWI in Texas
A DWI — or any criminal offense, for that matter — constitutes a violation of probation in Texas. Anytime you are suspected of violating your probation, the court may elect to file a Motion to Revoke Probation. In other words, it can request to have you arrested and returned to court to face the full punishment for your previous conviction.
If you get arrested for a probation violation, you may not be able to bail out of jail. Without bail, you could remain in a cell until your court date. Remember, you have already been convicted of the original crime, so the traditional rules that apply to accused persons who are presumed innocent do not apply in this situation.
If your probation gets revoked and you get sentenced to jail for the initial crime, you could end up serving a longer sentence than if you had gone to jail immediately upon conviction. That is because the judge may tack on more time for the probation violation itself.
A lawyer can help you avoid many of these nightmarish scenarios that stem from a DWI while on probation in Texas.
Your Probation Violation Hearing
Anytime you get accused of violating your probation in Texas, you are entitled by law to a hearing. At your hearing, the prosecutor will present evidence that you violated your probation, and you have the right to testify or present evidence to the contrary.
This hearing differs from a traditional criminal trial in one significant way. At a criminal trial, the prosecutor has the burden of proving beyond a reasonable doubt that you are guilty of the crime for which you have been accused. That is a high standard to meet, and defendants often get exonerated because their attorneys are able to raise a sliver of doubt.
The Challenges of a Probation Violation Hearing
At a probation violation hearing, the prosecutor only has to meet the preponderance of the evidence standard. That is, if they can demonstrate that it is 50.1 percent likely you violated your probation, you could go to jail.
This makes it especially important to have aggressive legal representation at your hearing. The team at the Law Offices of Randall B. Isenberg will fight to keep you from going to jail. Attorney Randall Isenberg worked for many years as a prosecutor in the Texas courts and knows how to negotiate with them.
How Being on Probation Affects Your DWI Charge in Texas
If you violate probation by getting a DWI in Texas, then you have an existing criminal record. The DWI sentencing guidelines in Texas often impose harsher punishments on people with criminal backgrounds. This is especially true if you violate p with a DWI. The consequences for drunk driving in Texas get harsher with every subsequent offense. You could end up with a lengthy jail sentence and several years of license suspension.
A first-offense DWI in Texas may come with a short sentence, but many people avoid jail altogether. But a second DWI can land you in jail for up to a full year, and a third offense can result in 10 years in prison — as well as a felony criminal record that follows you forever, holding you back from getting your life on track by making it difficult to get a job, rent an apartment, or go back to school.
To Receive a Free DWI Case Evaluation in Texas, Call the Law Offices of Randall B. Isenberg at 214-696-9253
The Law Offices of Randall B. Isenberg is a Texas criminal defense firm that focuses on DWI law. If you are facing accusations of violating your probation by driving while intoxicated, our team can defend you aggressively. We offer a free consultation and case evaluation. To speak with a member of our staff today, call us at 214-696-9253.