A probation sentence after a criminal conviction is a welcome relief for many defendants and their families. It allows you to serve your sentence out of incarceration with your family. You can return to work or school and live your life. However, you will be under strict probation conditions, resulting in severe consequences if you violate them. A DWI arrest while on probation is a serious matter because it is a probation violation. The judge could revoke your probation and send you to jail or prison for the recommended period under the law for your underlying crime.

Speaking to an experienced DWI attorney right after your arrest is advisable for support and guidance. They will consider your legal situation and advise you on your options and the right strategies to obtain a favorable outcome.

How Probation Works

Probation comes after trial and during sentencing. Judges have absolute discretion to grant probation instead of jail time if the nature of your crime and your criminal history allows it. Typically, probation means that you will serve your sentence out of jail. In some cases, judges sentence defendants to probation for their entire sentence, while in other cases, defendants must serve part of their sentence on probation. Either way, it is an excellent opportunity to serve your time while you live your life with friends and family. You can continue working, schooling, and enjoying life.

However, probation comes with strict conditions that you must adhere to. The consequences of violating probation are severe. You risk losing the opportunity to serve your sentence out of incarceration and could face additional criminal charges. For example, a DWI arrest while you are on probation can affect you in more than one way. If one of your probation conditions was to remain sober, a DWI arrest is a severe violation of your probation. A DWI is also a serious offense that results in severe penalties and a damaging criminal record.

Probation is usually available for felony and misdemeanor convictions. The judge decides whether to sentence you to probation or not. However, it is beneficial to the justice system because it is inexpensive. The justice system is constantly overwhelmed, thanks to the increasing crime rates. It is challenging to incarcerate everyone and convict them of a crime. The judge will likely grant probation if you are a first-time offender or face simple misdemeanor charges. But that could change if they feel you will likely re-offend while on probation or are a flight risk. Probation conditions ensure the system achieves its goals of punishing and rehabilitating offenders even without incarceration.

Probation also gives defendants a second chance to make better decisions in life. If the judge gives you a lenient sentence during sentencing, they expect you to take that opportunity to improve your life. If you miss incarceration the first time you are convicted, you will likely want to change your behavior and attitude to avoid going through the criminal legal process again. Even though the justice system advocates for justice, it aims to achieve justice with mercy. If the judge rules harshly on a low-level offender, they can quickly turn that offender into a hardcore criminal.

Probation Conditions

Placing you on probation does not mean the judge forgives and forgets what you have done. It is not the same as having your charges dropped. You will still be required to serve your sentence, albeit out of incarceration. Judges use probation conditions to achieve that goal. You must adhere to the dos and don'ts throughout the probation period. The judge will set your probation conditions according to the details of your case and what they intend to achieve with your sentence. That will remain so for as long as you meet all probation conditions.

Here are examples of probation conditions the judge could set in your case:

  • You must pay all court fines.
  • Pay victim restitution if it applies to your situation.
  • Remain within the court’s jurisdiction throughout the probation period.
  • Find and maintain steady employment or enroll in school.
  • Participate in individual or group therapy or counseling.
  • Submit to regular drug and alcohol testing.
  • Abide by a particular curfew.
  • Not to purchase or possess firearms.

If your underlying offense is DWI-related, the judge will prohibit you from driving while intoxicated. You could also be required to install an IID system in all your vehicles to prevent a drunk-driving situation.

The judge will also hand you over to the probation department, appointing an officer to work closely with you to achieve the probation goals. You must meet regularly with your probation officer for close monitoring. The officer must be fully satisfied that you always adhere to the set conditions to provide a good progress report to the court at the end of your probation.

Probation Violation

Probation is a beautiful chance for you to start life again for a crime-free future. When the judge sentences you to probation, you are relieved that you will not be in incarceration and away from your family, job, or school. But things quickly change once some time passes, and life starts to feel the same. You quickly forget that you are still serving your sentence and begin living life like you did right before you committed the crime. Sooner than later, you violate probation and have to face harsh consequences.

With the increasing crime rate throughout the state, the probation department is overwhelmed with the number of probationers under their supervision. One officer is left to monitor several probationers, which leaves them with a tight schedule to manage. It becomes increasingly difficult for your probation officer to stay in touch throughout, monitoring and ensuring you do not violate your probation. You must play the more prominent role of abiding by your probation conditions and doing everything possible to remain in line and away from crime.

A probation violation happens when you least expect it. One moment, you are doing good. The next, you are under arrest, and an officer reads your Miranda rights. Sometimes, it happens at a moment of weakness, after a long time, or living right. That moment of weakness ruins your efforts and the progress you will have made in living right. The consequences of probation violations are harsh. You have to face them and accept what the judge will say. When a police officer arrests you on a drunk driving charge while you are on probation, your personal interests and legal obligations collide.

How a DWI Arrest Impacts Your Probation

A DWI arrest will affect every probationer, even if your underlying crime is not DWI-related. Defendants on probation for a DWI will likely receive a strict condition against drunk or drugged driving. However, every probationer is cautioned against committing a crime or facing an arrest while on probation. Either way, a DWI arrest will impact your probation, regardless of the nature of the underlying offense. Remember that DWI is a grave offense with severe consequences if a court finds you guilty. Thus, you must take a DWI arrest seriously, especially if it happens while you are on probation.

All probation violations are serious. Some are more serious than a DWI arrest. For example, some defendants miss court dates, while others miss meetings with probation officers. Failing to pay restitution, court fines, or community service is also a severe violation. However, some offenses, such as a DWI arrest, have more severe consequences than others. While DWI is not, in itself, a grave felony like arson or murder, it has severe consequences if you commit it while on probation.

A DWI arrest on a parolee is equally severe. Like probationers, parolees receive a set of parole conditions to abide by. The judge can place you on parole if you have served most of your sentence well and are considering releasing you to finish the remaining sentence out of incarceration. The judge puts you under the supervision of a parole officer, who monitors and reports your progress to the court. You risk going back to jail or prison if you violate your parole. Thus, a DWI arrest while on parole will set you back and ruin all the efforts you have made to better your life.

The Consequences of a DWI Arrest While on Probation

Once you violate probation with a DWI arrest, the prosecutor will have solid grounds to petition, and the judge will impose the complete sentence for the underlying offense. Remember that the judge placed you on probation in the first place to avoid a jail or prison sentence. You lose that privilege once you violate probation. Thus, the arrest can trigger a process that could return you to jail. However, the judge considers several factors before deciding what to do after a probation violation. Some factors could influence the judge’s decision:

  • How severe the underlying conviction was (which resulted in probation).
  • The conditions the judge set for your probation.
  • How well you have adhered to other probation conditions.
  • How likely you are to perform well on probation if the judge only issues a warning.
  • How severe the DWI charge is and its circumstances.
  • The ultimate disposition of the DWI charge.
  • Whether the probation officer is willing to handle that violation administratively.

Thus, the outcome of a DWI arrest on your probation entails more than the judge revoking your probation and imposing the underlying sentence. The judge’s decision in matters like these is based on individual case circumstances. You need the help of an aggressive DWI defense attorney to fight with you for the best possible outcome for your case. For example, your attorney can help the judge realize that a mere warning is sufficient because of your exemplary behavior throughout probation. The judge could grant that request if they are convinced you will not violate probation.

Depending on your case and the kind of defense you put in, a DWI arrest could have a minimal impact on your circumstances. But if there are aggravating factors in your case (for example, a subsequent DWI or probation violation), you could face harsh penalties for the DWI charge and probation violation.

Here are possible outcomes after a DWI arrest while on probation:

  • The probation officer will note the violation in their report for future consideration, meaning that it can impact your probation and future cases if you commit the same or a similar violation.
  • The probation officer can issue a verbal warning or write a reprimand without taking up the matter with the prosecutor or judge.
  • The judge can set new conditions and impose fresh restrictions on your probation.
  • The judge can extend your probation to make you serve an additional sentence.
  • The judge could order you to undergo remedial counseling, community service, therapy, or any other intervention.
  • The judge can hold you in contempt of a court order, which could result in a 30-day jail sentence.
  • The judge can impose an additional jail term or court fine for the DWI offense without or in addition to the sentence for the underlying offense.

Understand Your Constitutional Rights as a Probationer

In every court process, the people involved, including the prosecutor, judge, and police officers, must respect your rights. Your attorney will help you understand your rights so you can protect yourself. The judge, prosecutor, and probation officer must adhere to strict legal guidelines when deciding what to do after a probation violation. The judge cannot violate your rights when revoking your probation or reimposing the original sentence after a DWI charge.

For example, the probation department cannot send you to jail after a probation violation. It will be violating your right to due process. The probation officer must file a motion in court to revoke your probation if the DWI violation warrants it. You deserve reasonable notice of an alleged violation and possible consequences to ensure you prepare for a court hearing. Once the judge receives the motion, they will hold a hearing to determine the circumstances and consequences of the violation.

You have a right to have legal representation in this hearing. You can prepare and present evidence, counter the prosecutor’s evidence and arguments, and call in eyewitnesses to testify in your favor. The judge will determine your situation's final verdict based on the defense's strength and the prosecutor’s evidence.

Note: Only some probation violations lead to court motions to revoke probation. In some cases, the probation department handles less severe cases of probation violations without involving the court. Your probation officer will determine the circumstances of the DWI violation and your general performance on probation to determine the best course of action. An aggressive DWI attorney can successfully convince your probation officer to take administrative action rather than filing a case in court. Thus, you could remain on probation under newer conditions or with a stern warning.

Obtaining a Favorable Outcome After a DWI Probation Violation

Probation is a fair sentence after a criminal conviction. Incarceration keeps you away from your family, friends, job, and freedom. But a DWI arrest while on probation can take all that away, resulting in incarceration for an even longer sentence. It helps to understand your options if you face a DWI charge while on probation. A skilled DWI attorney can use the best defense strategies to achieve a favorable outcome in your case.

Your attorney’s first option would be to fight the DWI charge. You could be released from probation if you are not guilty of the DWI charge. Your attorney can use one or more of the best defense strategies, including challenging your BAC results, arguing that the police did not have probable cause for your arrest, or demonstrating that the arresting officer violated your rights. However, a criminal arrest while on probation is generally a dealbreaker. The probation officer can still file a motion in court for the judge to revoke your probation, regardless of the outcome of the DWI charge. However, an aggressive attorney can use the not-guilty verdict on the DWI charge to compel the judge to reinstate your probation.

Alternatively, your attorney can use other strategies to rescue your probation. For example, if you have performed well throughout the probation, have adhered to all other probation conditions, have dependent family members, or are a valuable volunteer in a charitable organization, your attorney could have solid grounds to compel the judge to keep you on probation.

Find an Experienced DWI Attorney Near Me

A DWI arrest in Fort Worth while on probation is a serious violation that could result in probation revocation and severe penalties. The judge could re-impose the original sentence for the underlying offense and add penalties for the DWI violation, leaving you to serve a lengthy prison or jail sentence and pay hefty court fines. However, an experienced DWI attorney can help you fight for a fair outcome in your case.

We have extensive experience using the best legal defense strategies at Fort Worth Defense Lawyer. We can study the details of your case to advise you on your options and develop a solid defense for your case. Our aggressive DWI attorneys rest when you are happy with your case results. Call us at 817-470-2128 to discuss your case and our services in detail.