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

Asked over 1 year ago - Houston, TX


Attorney answers (4)

  1. Martin Ben Zimmerman

    Contributor Level 11


    Lawyers agree

    Answered . 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-... more
  2. Cynthia Russell Henley

    Contributor Level 20


    Lawyers agree

    Answered . 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

  3. Bart Charles Craytor

    Contributor Level 17


    Lawyers agree

    Answered . 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... more
  4. James Richard Butler


    Contributor Level 12


    Lawyers agree

    Answered . 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... more

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