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DUI Probation Violation Laws in Texas

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    • Driving Under the Influence in Texas often results in probation.alcohol image by Andrey Rakhmatullin from Fotolia.com

      Texas probation for Driving Under the Influence (DUI)) is often given to first-time offenders. In Texas all DUI offenses require jail time. Probation is when all or part of the jail time that is required for the offense is suspended in exchange for good behavior. The judge will issue the conditions of probation and the probation officer will ensure compliance. If any of the probation requirements are not met, the individual on probation may be charged with a probation violation.

    Texas Probation

    • Probation for a DUI in Texas is similar to all states in that it is basically an agreement between an individual charged with a crime and the judge. The judge commits to suspending a sentence of jail and the person agrees to follow the list of "do's and don't" for a specific time period. In Texas this probationary period for a DUI is usually up to two years for a first offense. The requirements on this probation may include regular visits with a probation officer, no drinking or using drugs or being in bars, participation in a diversion alcohol program, community service and payment of court fines.

    Consequences of Probation Violation

    • If a person violates the DUI probation and is caught by her probation officer through police contact, urinalysis, reports from treatment centers or report of non-payment of fines, there may be consequences that are similar to when first arrested. In Texas, there may be a fine of up to $2000, jail up to 180 days and/or an increase in community service hours. The jail time will not be more than the original probated sentence. For instance, if she received a 90 day suspended sentence for her DUI and was given probation on the original charge, she cannot receive more than 90 days in jail for the probation violation.

    Attorney Involvement

    • If an individual is accused of committing a probation violation for a DUI in Texas, he may benefit from receiving the guidance of an experienced attorney. A district attorney's job is to try for a maximum punishment; however, courts can show flexibility. An attorney can help him minimize the consequences of his violations. He also has the right to plead innocent and have a defense presented. This is best accomplished with the help of a lawyer.

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