What is a typical sentence for a motion to revoke while on probation for a 2nd DWI?

Asked about 1 year ago - Austin, TX

I recently violated probation with a dirty UA and a violation on my ignition interlock device. My PO has requested a motion to revoke. I am in Travis Co., do they typically sentence the full 360 days or less?

Attorney answers (3)

  1. James D. Roark

    Contributor Level 13

    1

    Lawyer agrees

    Answered . The judge has complete discretion in the matter and will consider a number of factors. They consider things like how early in the probation you violated, past criminal history, the circumstances of your arrest, whether you blew or how much, etc.. Typically, when I am retained on a revocation case, I am initially told about a couple of violations by the client only to discover the motion to revoke contains a half a dozen violations or more -- things like past due fees and fines, failure to maintain employment, and community service hours not performed according to schedule.

    An experienced criminal defense attorney might be able to present mitigating circumstances that could convince the court to keep you on probation (although a month of "jail therapy" might be in order). There are some good attorneys in your area that list on this website.

  2. Jacob Robert Jenkins

    Contributor Level 11

    1

    Lawyer agrees

    Answered . Your best bet is to hire a local attorney. The way courts treat probation varies from county to county and even from court to court, and local counsel will know where the landmines are. One word of caution is to not let these issues cause you to have more violations like reporting problems, payment issues, more failure drug tests, etc. Sometimes we are able to get past the initial violation but not the subsequent violation that the probationer committed when he or she gave up on the probation.

  3. Jasen Bodie Nielsen

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . My understanding is that TX takes probation violations very seriously. I definitely suggest consulting with a locally experienced DUI attorney. Hiring one will generally improve your chances at a positive outcome. Best of luck.

    Jasen Nielsen

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