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DWI Probation Violation question in Texas

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jl81

Junior Member
What is the name of your state? Texas

Hello everyone. I have a question for everyone, thank you all in advance if anyone is able to help.

My wife was convicted of a DWI early last year (first offense) and was put on probation for 2 years, ordered a fine, drunk driving class, and had to put an ignition interlock on her car for a year. She did great, wouldn't even drive it if she thought she had mouthwash (although I set it off a couple times for that :)).

She just had her interlock removed last month. Last weekend, she went out with an old childhood friend and drank downtown. They took a taxi, but a cop arrested her for public intoxication. I believe a stipulation of her probation was to not drink, period, during her probation. Of cause this means that she has violated her probation.

We're both terribly worried and have no idea what to expect. She reports to her PO this month on the 23rd, and we don't know what is going to happen.

Is anyone knowledgeable in this area, and can perhaps give us some advice/information on what is to come?

Thank you all for your help.
 


tcdlaguy

Junior Member
well here is what will happen:

if she was arrested in the same county that is supervising her probation, the PO will likely already know. Most likely, the PO will send a violation report to the court officer. The court will then in turn issue what is called a "blue warrant" for her arrest. A blue warrant is a pre-revocation warrant issued to detain an individual until they have a hearing within 30 days to answer to their violation of probation. There is no bail available on blue warrants. She will then go to court, and they will likely amend her conditions of probation, require she begin going to AA (obviously she has an alcohol problem in my opinion), more community service, and possibly a small amount of jail time (ie. 30 days in county jail). She will most likely be returned to probation if this was her first and only violation.

here is my opinion of what she should do:

walk in and TELL HER PO. those guys appreciate honest probationers, and i can speak from experience with clients, the ones who are honest, walk in and fess up to the new charge, things will go easier for them.. if the po has to find out about it on their own, that means that your wife would have to lie on her monthly reporting form (they all ask if you have been arrested since your last report). and that is NOT a good idea, she will likely pick up another charge for falsifying a govt document.

good luck!
 

jimmyjames

Junior Member
answers

i was on probation for my second dui and i got caught driving on a suspended lic. that was a po violation. went to court today for that charge and ended up with 60 days more house arrest.
 
S

seniorjudge

Guest
Since your wife has clearly demonstrated that she does not intend to co-operate, she has left the court no other choice but to throw her in the clink.

It's her choice.
 

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