People arrested and convicted of driving while intoxicated, or DWI, in Texas, face more restrictive conditions if granted supervised community release. On September 1, 2017, an updated version of the conditions of supervised community release goes into effect. The goal of the changes is to make Texas’ road safer by reducing the number of repeat DWI offenders. The updated conditions will make probation seem onerous to some people and may think serving a jail sentence is a better option rather than being on probation for up to two years. Any decision you make regarding sentencing after a DWI conviction must in close consultation with your attorney.
Before September 1, 2017, any person convicted of DWI must complete several conditions while on community supervision including an educational program designed to rehabilitate the person. In theory, a rehabilitated person will not drive drunk again. Unfortunately, rehabilitation is not foolproof, and many people drive drunk again. However, the latest version of the law goes a long way to preventing repeated offenses.
Upon a conviction for a first DWI offense, the judge can impose a condition of probation requiring the installation of an ignition interlock device. In other words, the law gives the judge discretion to impose that condition. The judge loses discretion when the crime is more serious. A person convicted of a second offense, or a first offense but the person’s blood alcohol concentration is 0.15 or above, which is near twice the legal limit, the judge must order that person to install an ignition interlock device in their vehicle or the vehicle they most often drive. The court cannot consider a previous offense if that offense was longer than ten years before the date of arrest on the current case.
An ignition interlock device is a machine into which a person provide a deep-lung breath sample. Simply, the person blows hard into the device. The device is similar to a breathalyzer most often used in police stations. The device prevents the car from turning on if the machine detects any alcohol in the breath sample. The judge must order the person not to drive any vehicle without an attached ignition interlocking device.
The court must impose additional conditions upon community supervision if the judge orders the installation of an ignition interlocking device. The person must install the device within 30 days from the start of supervised release. The person must use the device for at least half of the period of release, but the judge can order the person to use it for a longer period. Additionally, the person must pay for the device and its installation. The law allows the judge to enter into a payment plan with the person to the associated charges of the device. The payment plan may not last longer than twice the period of probation.
With all of the expensive requirements of probation, some people would rather go to jail after a DWI conviction. Deciding to go to jail rather than attempting to complete probation must not be made lightly. Depending on the circumstances, a jail sentence is less onerous than a lengthy probation period. Although jail is initially less expensive than paying for alcohol rehabilitation classes and an ignition interlock device, the physical and emotion toll is incalculable. Jail is not a vacation and serving a sentence could mean losing your job. Jail will cut you off from your loved ones and can endanger your health. But, jail for some is an option rather than probation.
Consult With An Experienced Texas DWI Attorney Before Making Any Decision On Your Future
The experienced Texas DWI Attorney at the Law Office of Alex Tyra dedicate themselves to fighting to protect their client’s rights. They understand the difficult decisions that you must make when facing a DWI charge. Talk with them before making any decision. Call the Law Office of Alex Tyra today at 903-753-7499 to discuss your options.