Facing driving while intoxicated criminal charges can be devastating, and you might wonder whether you will face incarceration for your first DWI crime. Although serving jail time is a possibility, it is not compulsory. Your defense attorney can help explore options like probation or deferred adjudication. With deferred adjudication, you will enter a guilty or no-contest plea, agreeing to adhere to set terms. After completing the program, the court will dismiss your DWI case. On the other hand, probation allows you to suspend your incarceration duration by agreeing to obey specific probation conditions. A probation officer will supervise you during your probationary period to ensure you comply with the terms.

What is Driving While Intoxicated in Texas? What are Its Potential Penalties?

Penal Code 49.01 defines intoxication using two standards, namely:

  • Per se intoxication — It happens when blood alcohol concentration (BAC) is at least 0.08%, irrespective of visible impairment.
  • Loss of normal faculties — It involves a motorist demonstrating impaired physical or mental faculties due to drugs, alcohol, or both. The Texas Court of Criminal Appeals has established that the prosecutor could verify it through slurred speech, erratic driving patterns, arresting police officers’ observations, failed field sobriety tests, and poor balance.

A first-time DWI conviction is a Class B misdemeanor. It is punishable by the following penalties:

  • 72 hours to 180 days in county jail
  • A maximum fine of $2,000
  • Ninety days to one year of a driver’s license

As a first-time defendant, it is possible to avoid serving time in county jail by opting for alternative sentencing options like deferred adjudication and probation.

The court considers numerous factors when determining whether imposing jail time is necessary for a 1st driving while intoxicated crime. These factors include the following:

  • Your BAC level
  • Whether you caused an accident or injuries while driving while intoxicated
  • Whether you refused to submit to chemical testing
  • Other aggravating factors, like whether you had a minor passenger at the time of the crime or whether you were operating the car on a suspended driver’s license

Serving Probation

Texas Code of Criminal Procedure Art. 42A.001. refers to probation as community supervision. It allows a defendant to suspend any incarceration duration by agreeing to comply with specific probation conditions. During the probationary period, you will be under the supervision of a probation officer who will ensure you abide by our probation terms.

Some of its elements include the following:

  • Paying fines — Most drunk driving convictions include fines and court costs, among other fees. Your probation agreement can require you to pay the costs before your case resolution.
  • Attend regular check-ins or meetings with the probation department, where the probation officer will check whether you comply with your probation conditions. Typically, the check-ins are monthly but could be more regular depending on your case facts.
  • Submitting to routine testing — The routine testing ensures you have avoided drugs and alcohol during your probation duration.
  • You should seek or maintain your employment
  • Your travel will be restricted
  • You should avoid committing another crime
  • Completing Texas DWI education class — The judge will require you to submit a drug and alcohol evaluation called the Texas Risk Assessment System (TRAS), and if recommended, enroll in an alcohol and drug awareness program as a term of your probation.
  • Community service
  • Installing an ignition interlock device in your car — You should self-administer a breath test using breathalyzer equipment to start your vehicle. If the device detects alcohol, the probation department will receive a notification, and your car will not start.

DWI probation lasts between one year and two years. Nevertheless, the period the court imposes on a defendant depends on specific factors. You should serve the entire sentence the judge imposes, and the judge cannot terminate probation before you complete your sentence. 

What Happens After Violating Your Probation Terms?

In Texas, judges and prosecutors deem probation another chance for defendants found guilty of driving while intoxicated to put their lives together. Therefore, the judicial system could take harsh stances when it believes you have broken your probation terms. Potential consequences include the following:

  • Extending your probation duration
  • Community serving
  • Jail time
  • Additional fines

The judge can revoke the probation and sentence you to the maximum of the underlying DWI sentence. Please note that the court considers some violations more severe than others.

Contesting Your Probation Violation

Once a probation officer believes you have violated a condition of your probation, they will file a motion to revoke the probation. The MTR will lead to a warrant for your arrest and a hearing on the motion. You have the right to legal representation. Your defense lawyer can present you with numerous legal strategies to fight the allegation, including the following:

  • Plea bargain — Your defense attorney can work with the prosecution and reach an agreement that could entail terminating, continuing, or modifying your probation. The state can withdraw its motion if the prosecution and your lawyer agree on a plea of fact without jail time or impose other probation conditions.
  • Contested probation violation hearing — The prosecution is required to introduce proof and witnesses proving the MTR is valid.
  • Open plea — In this case, you will allow the court to decide what terms to impose. Your lawyer will not contest your probation violations but will request the court to use mitigating factors to determine the penalties to impose.

Some of the mitigating factors your lawyer can introduce, depending on your case specifics, include the following:

  • You left Texas because it was an emergency
  • You were coerced to be in the presence of a person committing an offense
  • You did not plan to lie to the probation department
  • You forgot about your meeting with your probation officer

During your initial consultation, your lawyer should discuss the alleged probation violations and help you decide the appropriate option based on your case circumstances. Irrespective of whether you violated the probation condition(s), you should not take the matter lightly.  

During the court hearing, the prosecution should establish the allegation before a judge by a preponderance of the evidence. This implies that they should verify that it is more likely than not that you broke your probation terms. It is easier to prove than guilt beyond a reasonable doubt. The hearing allows you to present evidence that you did not break your probation terms. Finally, the judge will decide whether you violated probation after listening to all parties. If you broke your probation, the judge can extend the probation duration, revoke it, add additional terms, or allow it to remain the same.

Deferred Adjudication

Deferred adjudication is when you plead no contest or guilty, and the judge will place you on probation without a conviction under an agreement to dismiss the DWI charges once you complete probation.

On the other hand, straight probation is when the DWI defendant is found guilty, but the judge suspends the jail sentence. The accused agrees to abide by probation terms and will not serve time in jail if they adhere to the conditions.

Not everyone qualifies for deferred adjudication. You are not eligible if any of the following apply:

  • You have a previous driving while intoxicated conviction on your criminal record
  • Your BAC at the time of your DWI arrest was above 0.15%
  • You were operating a commercial vehicle
  • You were driving while intoxicated and caused an accident or injuries as a result
  • You were driving while intoxicated and caused an accident that caused damage to anything other than your car

With deferred adjudication, the defendant and their defense attorney should appear before a judge and admit guilt. It differs from a pretrial diversion program for DWI since you can skip court with the latter.

Deferred adjudication is a form of probation that allows you to have a test period to establish that you have learned from your mistake without facing a DWI conviction. During your probationary period, you perform community service, submit to drug testing, and install an ignition interlock device in your car. If you pass the trial run, you will avoid jail time, even if you had admitted guilt.

Other probation requirements you should meet, depending on your case specifics, include the following:

  • Meeting with your probation officer
  • Seeking approval from the probation department before leaving Texas
  • Abstaining from taking drugs and drinking alcohol
  • Attending drug or alcohol education classes

What Happens When You Violate Your Deferred Adjudication Terms?

Violating your deferred adjudication is deemed a straight probation violation. Although every case is unique, common violations include the following:

  • Committing another offense
  • Missing your court hearing date — Your case resolution is on hold until you complete the deferment. Therefore, if you should make a court appearance but fail to do so, it violates your deferred adjudication terms.
  • Failing to comply with the court-ordered substance abuse counselling
  • Taking drugs or drinking alcohol
  • Missing a meeting with the probation officer

When the probation officer learns that you have broken your deferred adjudication terms, they can request the prosecution to bring a motion to adjudicate guilt to the court. The motion highlights your violations and requests that the court adjudicate your guilt based on your underlying DWI criminal charges. Filing the motion initiates the process of determining whether the court should revoke the probation.

After the prosecution files the motion to adjudicate guilt, you will receive a notification with a court date to respond to your allegations. During the court hearing, the prosecution will prove you broke your probation condition by a preponderance of the evidence. You are entitled to a lawyer and can present a defense against the allegation. The judge will analyze the arguments presented to decide whether to issue the motion to adjudicate guilt, which could result in revocation of your probation and imposition of your original DWI sentence, which could include serving a jail term. In this case, the court will not dismiss your DWI criminal charges, and you will have a criminal record.

Other possible consequences of the motion to adjudicate guilt include the following:

  • Modifying your probation terms — Sometimes, the court can decide to alter the accused person’s probation conditions. It could include adding additional terms like more frequent meetings with the probation department, compulsory engagement in treatment programs, or increased community service time.
  • The court can reinstate your probation under modified or the same terms.

Your Deferred Adjudication Will Appear on Background Checks about You

Deferred adjudication does not automatically wipe your DWI charges from your record after completing the probation. Completing deferred adjudication does not make you qualify for expunction; your criminal record is partially cleared of the DWI charges.

A non-disclosure order will only seal your record from the public, but law enforcers and government agencies can access it. Nondisclosure is not automatic, and your attorney should petition the court for a DWI nondisclosure after completing the deferred adjudication.

Is Probation Better than Serving Time

In your DWI criminal case, you are not guaranteed the choice of jail or probation. Probation is optional and within the court’s discretion whether to consider it in your criminal case.

If you prefer jail, you open yourself to serving whatever sentence the judge feels is appropriate. Although it can be counterintuitive for some defendants, there are reasons why serving time is more sensible than serving probation. Whether probation is a better option is a question your lawyer will answer after reviewing your case facts and the available legal options. 

Benefits of Probation

Some of the advantages of serving probation over incarceration include the following:

  • Avoiding incarceration — Probation allows you to maintain your freedom while receiving the required treatment to turn your life around.
  • Access to resources — Probation allows you to access rehabilitation services like drug and alcohol treatment programs, counseling, and handling underlying mental diseases. The resources can help you return to a sober and safe lifestyle and avoid costly fines and serving a jail term while also safeguarding innocent individuals from being at risk of drunk motorists.
  • Promotes enduring change — Probation allows you to enroll in rehabilitation programs that foster education and behavioral changes while avoiding incarceration. It will enable you to take responsibility for your conduct and move forward assured that you are making positive steps towards your improvement and growth.
  • Probation stops you from facing the stigma associated with incarceration.
  • You maintain your employment — One of your probation terms can be maintaining or seeking employment. Having stable employment can help you improve your finances and access resources that promote positive changes in your life. It also enables you to drift away from the negative aspects of your DWI conviction by offering an outlet for productive activities and creating growth opportunities. Finally, it fosters responsibility and accountability, which are key components for rehabilitation.

Cons of Probation

Here are some of the disadvantages of serving probation over incarceration:

  • Probation is costly — For most defendants, the cost is enormous. You might be required to pay hundreds of dollars monthly when you include every potential probation cost.
  • The duration involved can be longer for community supervision than serving a jail term.

How a Defense Lawyer Can Help You Avoid Jail Time

Seeking skilled legal representation places you in a better position to obtain a favorable case outcome. Generally, there are two ways to avoid facing a jail sentence in your DWI criminal case. You must either be found guilty but provided with alternative sentencing or found not guilty. Discussed below is how your attorney can assist you in avoiding serving time.

Engaging in Plea Bargain Negotiations

A plea bargain is a vital instrument for defense attorneys that allows them to negotiate with prosecutors to reduce the severity of penalties or criminal charges for their clients. Typically, a defendant agrees to plead guilty to a lesser criminal charge or agree to a reduced sentence. Leveraging their expertise, your seasoned lawyer can determine which prosecutor is open to agreements and recognize opportunities for plea bargaining.

These negotiations can lead to securing alternative sentencing options like probation. To achieve this case outcome, your lawyer should prove that you are remorseful for your conduct and committed to reform.

Winning Your DWI Criminal Case

Maybe prevailing in your first-time DWI criminal charge is the best way your defense attorney can help you avoid jail time. It entails challenging the evidence against you and presenting a robust defense that casts doubt on the prosecutor’s case.

Challenging evidence involves analyzing the prosecutor’s proof to identify procedural mistakes, inconsistencies, or inaccuracies. However, it requires a comprehensive understanding of the law and attention to detail. Your lawyer should ensure that improperly obtained or unreliable evidence does not influence your DWI case.

Presenting a robust case defense entails developing a persuasive narrative, reinforced by proof that challenges the prosecutor’s claim. Your attorney can undermine the prosecutor’s claim and achieve the best possible case outcome by providing a plausible alternate interpretation of evidence. Nevertheless, it requires effective communication in court and thorough preparation.

Contact an Experienced DWI Criminal Defense Lawyer Near Me

Although a first DWI attracts 72 hours to 180 days in county jail, serving jail time is not mandatory. Avoiding jail time and minimizing the enduring consequences of your DWI conviction involves an in-depth understanding of your rights, criminal history, laws, and alternative sentencing options like deferred adjudication and probation. Fort Worth Defense Lawyer can give your case the individualized attention it needs, build a strong defense, and guide you through the criminal judicial process. Please call us at 817-470-2128 to schedule your initial free consultation.