Skip to main content

Can my 2 year probation be shortened if its my 2nd DWI? I have been on probation for over a year and went to a court orfered re

Houston, TX |

Rehab!

Attorney Answers 4

Posted

No. By statue the length and duration of a probation for DWI cannot be reduced for any reason. See Section 20(b), Art 42.12, Texas Code of Criminal Procedure. However if you have completed all of your probation classes and conditions with absolutely no violations, your probation officer at his or her discretion MAY allow you to to extended reporting or report by phone or mail.

My advice is to NOT hassle your probation officer on this, he or she knows your judge better than you. When they decide you are ready, THEY will tell you.

Good luck,
Martin Zimmerman

Martin Zimmerman, P.C. 189 E. San Antonio St. P.O. Box 310704 New Braunfels, Texas 78131-0704 Tel: (830) 606-7886 Fax: (830) 627-2890 The information contained in and transmitted with this e-mail is: 1) Subject to the Attorney-Client Privilege; 2) Attorney Work Product; or 3) Confidential It is intended only for the individual or entity designated above. Any distribution, copying, use of, or reliance upon the information contained in and transmitted with this facsimile by or to anyone other than the recipient designated above by the sender is unauthorized and strictly prohibited. If you have received this e-mail in error, please notify Martin Zimmerman, P.C. by telephone

Mark as helpful

5 lawyers agree

Posted

Mr. Zimmerman is correct, DWI probation can not be shortened or early released. The best you can hope for is non-reporting probation.

Answers provided on Avvo does not form an attorney-client relationship or indicate that the attorney represents or even will represent the client. Responses to questions are provided and based upon the facts as stated in the question. While attorneys attempt to make a complete and accurate response, there is no guaranty or warranty that the response is correct. You are encouraged to seek qualified counsel, licensed in the state(s) which have jurisdiction over the matters for advice. You are also encouraged to be careful as to your postings as the postings are not confidential.

Mark as helpful

2 lawyers agree

Posted

I agree with Mr. Zimmerman. However, it is very unlikely in Harris County that you will be put on mail-in for DWI, 2nd, especially if your situation was serious enough (or your 1st close enough in time) that you were required to go to rehab.

Cynthia Henley
713-222-1220

Mark as helpful

3 lawyers agree

Posted

Unfortunately,the answer is no. Keep up the good work, and don't let your guard down until you are finally discharged from probation.

James R. "Jim" Butler,Houston,Texas,DWI Lawyer. Free Consultation .Call (713)236-8744. I only represent people accused of DWI in Texas.

Mark as helpful

2 lawyers agree

DUI court topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics