Is a DWI arrest in Texas automatic grounds for having probation revoked?
January 12, 2010 - 8:34 am
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January 12th, 2010 at 8:59 am
It depends on the actual terms of his probation agreement, but most include something along those lines. So yes, his probation will probably be revoked.
January 12th, 2010 at 9:02 am
Most people on probation are not supposed to drink or use narcotics, if that is on his paperwork, which I am sure that it, yes he can get revoked, usually upon conviction, sometimes they will do it for the arrest alone.
January 12th, 2010 at 9:39 am
In the State of Texas your probation can be revoked if you get arrested for anything while on probation, but it’s not automatic. The probation has to be revoked by court order. Hate to be the bearer of bad news, but if this is your son’s second DWI in 4 years, there’s a very good chance the judge will revoke his probation.
January 12th, 2010 at 9:49 am
Maybe not – depends on what his probation said
January 12th, 2010 at 10:07 am
YES IT IS !!! Get a Lawyer ASAP! I am currently on probation in TX and will give you advise based on personal experience of my own and my many hours of internet research on the TX probation laws, ethics etc! As one answer stated, anytime you are on probation in the State of TX and get arrested for ANYTHING, it is an automatic court ordered MOR, (Motion to Revoke probation), and MINIMUM 30 days Incarceration! The lawyer will be the only one that will be able to negociate the jail time. Your son will get a copy of the letter sent to the court that placed him on probation to revoke his probation and the date he and his lawyer will need to attend the hearing, it will also include all previous probation requirements not met including payments . Since he has a previous criminal record and this is his 2nd DWI in Texas EXPECT him to serve time in jail.
My personal advise to him is to hire a lawyer that has a repor with the judge residing over his case. Expect a small fortune to do so. NOTE: (my personal experience!) if he was bailed out of jail for the arrest and later finds that he cannot afford to hire an attorney before the first court date. It is likely that the court will not allow him a Court Appointed Lawyer. And I quote, ” If the person that bailed him out of jail can afford to post bail then they can hire a lawyer as well!” I hate to be the bearer of bad news but If you plan to help your son in this matter you need to make sure you have the financial resources at your reach and a very strong level of patience.
I could go on and on and on…………………..