My friend just violated his probation for possession of a controlled substance by getting his 2nd DWI. Will he go to jail?

Asked over 4 years ago - Arlington, TX

This should be his 3rd DWI but one was when he was 17, or would this make it only his 2nd. Either way he violated his probation, he had exactly a yr left. What do you think will happen?

Attorney answers (2)

  1. Lindsay Rene Lopez

    Contributor Level 6

    Answered . There are several factors to consider in determining what will happen to your friend. One of the most important conditions of probation is that the probationer does not violate any laws in the State of Texas while on probation. Since your friend was arrested for a new law violation, he has, alleged violated this term of his probation. However, until your friend is found guilty and convicted of the DWI, he has not technically violated his probation. Your friend should contact his probation officer and let him know that he has a new charge pending. Being up front and honest with his probation officer may save him a trip to jail.

  2. Leslie Starr Barrows


    Contributor Level 14

    Answered . Hire an attorney to talk to the probation officer before the a motion to revoke is filed.

Related Topics

Second DUI

Second DUIs are subject to increased penalties, though certain factors may affect whether a DUI is actually considered a "second" offense.

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