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What does this mean?

Carrollton, TX |

150 confinement jail days /18 mon.probation???
This is what came out of dwi class B misdemeanor punishment plus $1000 fine and classes...etc.
Does it mean I have jail time to serve???

Attorney Answers 3


  1. It is 150 days in jail probated for 18 months, which means if you violate any term or condition of your probation over the next 18 months, you could be sent to county jail for up to 150 days. Because this was a DWI conviction, you will also be paying a surcharge to the State, in addition to the fine and court costs and probation fees, of at least $1,000.00 a year for the next three years to keep your driving privilege. If you had an attorney at the time you were sentenced, you need to contact that attorney to make sure you understand everything that you will be required to do to stay out of jail and to keep driving legally.

    This answer is just to provide you with some thoughts on your situation and does not create or establish an attorney-client relationship.


  2. It means you have been sentenced to 150 days in jail but instead of going to jail, you are going to serve 18 months on probation. It is a conviction, not a deferred. Assuming it is your first DWI, you will be required to take a course as a condition of your probation, and this course will allow you to keep your driver's license. (However, if you took and failed the breath test, then you will lose your license for 90 days; if you refused the breath test, you will lose your license for 180 days - assuming you lose the ALR hearing. You can get an occupational license for the full suspension period if it is your first DWI.)

    You may have to take alcohol related courses in addition to the course to keep your license and you will pay $1,000 fine plus court costs (unless the fine was also probated.)

    If you mess up your probation, you are looking at a maximum of 150 days in jail as well as a mandatory license suspension.

    Cynthia Henley
    713-222-1220


  3. As noted above it means that your attorney worked out a deal with the state that in exchange for a guilty or no contest plea, you don't have to go to jail but that you do have to remain on probation for 18 months (1.5 years). If you fail any of the terms adn conditions of your probation, you could be sent to jail for 150 days. There are other fines, classes, conditions so you need to speak with your attorney and your probation officer and make sure you know exactly what you can and cannot do.

    Good luck

    Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing

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