A man from Pasadena, Texas had his probation revoked after he failed to report for court-mandated alcohol tests. Those mandates were part of a sentence the man received from the court after the last in a string of DWI convictions spanning years. Now he has to face the consequences of a revoked probation.
According to the reports about this man’s record, he was lucky to be on probation in the first place. He has a record of several DWIs, including felony DWIs. That record reaches back to 2001when he was arrested for DWI, and continues through 2015, when according to reports, he was arrested for DWI after nearly running over a family on a sidewalk.
After his most recent arrest and conviction for DWI, the man was given probation as part of his sentence. While probation can be a welcome aspect to a sentence for DWI, it comes with responsibilities and risks. In fact, if a person is unable to comply with a sentence of probation, it might be better to just take a conventional sentence.
Probation in General
Probation is both a legal concept and popular term used for about the same thing. Legally speaking, probation happens as part of a sentence following the conviction of a crime. After being convicted of a crime that carries jail or prison time as part of the potential penalty, a judge may choose to suspend part of the jail or prison sentence in lieu of probation.
When a sentence is probated, that does not mean the sentence is up. In fact, it means just the opposite. Probation is a way to both decrease the population size in prison and allow a person to move forward after a conviction and try to lead a normal life. While a person is on probation, he or she is subject to certain conditions. For example, a judge can sentence someone to serve probation but will require certain rules to be followed for that person to stay on probation.
Most conditions connected to a period of probation will be offense-specific. There are some general rules applicable to most probation cases. Those include:
- Paying all the fines and doing all the community service associated with the conviction;
- Avoiding associating with criminals or known felons;
- Keeping the laws and ordinances while on probation; and,
- Reporting from time to time with the appointed authorities.
In addition to these general requirements, each individual probation period will have requirements specific to the conviction itself.
Probation and DWI
When a person is convicted of DWI and sentenced to probation, one of the big requirements of the probation will be drug and alcohol testing. This kind of testing is routine and is meant to ensure the person does not backslide and get involved in a DWI again. Other common conditions of probation include an interlock ignition system and license suspension. If any of the conditions of a probation are violated, the probation period is suspended and the full jail or prison term is substituted.
The bottom line of this story, and others like it, is that if you are serving a period of probation in connection with a DWI conviction, it is important to comply with the conditions of the probation, or risk going back to jail and facing increased penalties. If you are facing a DWI charge, contact us. We will provide you with a free case evaluation at The Wilder DWI Defense Firm.
(image courtesy of Ashton Bingham)