Texas DWI Defense Attorney Explains Probation

A recent high-profile DWI arrest serves as an example of what kinds of options DWI defendants may have for resolving their DWI cases. In 2016, former Texas and NFL quarterback, Vince Young got arrested for DWI. Young entered a plea of no contest and received a sentence of eighteen months of probation. Young also had to pay a fine, and he was ordered to complete sixty hours of community service. Other requirements that Vince Young must comply with include completing a drunk driving class and installing an ignition interlock device on his vehicle.

Most of the consequences of Vince Young’s DWI are relatively straightforward. Whether or not you have ever been charged with DWI, you can probably understand what fines, community service, drunk driving class, and even an ignition interlock are. However, the most complex element of the consequences that Young is experiencing because of his DWI is probation.

It is true that most people have heard of probation, and that most people have at least some idea of what it is. It is important that anyone who drives on Texas roads understand what probation is in Texas, in case you are arrested for and charged with DWI, because you may be offered some form of probation as an option for resolving your DWI case.

In Texas, there are two basic types of probation, straight probation, which is sometimes referred to as community supervision, and deferred adjudication. Straight probation is a set of requirements that a person may complete while living in the community instead of spending time in jail after they have been found guilty of committing an offense. Each individual who chooses probation when it is offered to them will receive a probation agreement that is designed to address their particular offense or offenses. Probation is only available for certain crimes, and for sentences of less than ten years, so it may not be an option for every defendant.

Deferred adjudication offers a defendant the ability to keep their conviction off of their record. It is described in the Texas Code of Criminal Procedure, sections 42A.101 through 42A.111. Deferred adjudication gives you a chance to keep a conviction off of your record and avoid spending time in jail or prison. As with straight probation, deferred adjudication consists of a set of conditions that the defendant must comply with to achieve the benefits of successful completion, which are dismissal without conviction, avoidance of incarceration, and possibly even sealing of your arrest record.

The conditions of probation or deferred adjudication are likely to consist of a combination of the following types of requirements – abiding by all laws, avoiding illicit conduct, avoiding particular people and/or places, regularly checking in with a probation officer according to a prescribed schedule, agreeing to random drug tests and/or premises searches, finding and maintaining employment, supporting dependents if you have any, completing courses, classes, and/or counseling, paying fines and fees, and any other conditions that are applicable to a defendant’s situation. For both types of probation, any violation of the probation conditions could result in sanctions, revocation of probation, and incarceration.

If you are facing Texas DWI charges, probation may be available to you as a method of resolving your DWI case. To learn more, call Texas DWI Defense Attorney Jack Pettit, Attorney at Law, today, at 214-521-4567.


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