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Will I go to jail if I was arrested with a pi while on probation for a dwi?

Midland, TX |

Im supposed to be off probation in late january and did not take a breathilizer before or after I went to jail. Ive never had anything else happen while on probation and have taken all my classes and completed all assigned community service as well as paid everything in full.

Attorney Answers 3


  1. It depends. What county did you get the DWI probation in? And what county was the PI in? While you are on probation for the DWI, depending on what county and the specific terms of your probation, you may have a requirement that you must report any additional offenses that you get arrested for while on porbation. Also, you may have a requirement that you can't refuse the breath test while on porbation. So did they offer you a breath test and you refused it for the PI? That may be a violation in itself.

    But depending on the County, Judge, DA and your lawyer you may or may not go to jail. They can't just kick you out of probation, you get a Motion to Revoke. But based on the outcome, you could certainly go to jail. So you should hire the best lawyer you can afford and fight to stay out of jail. You can always find me at www.dwimark.com


  2. Best course of action is to have your attorney review the specific terms of your parole to see if you may have violated it.

    Click on name or picture to see profile page.


  3. YOu could face a motion to revoke because almost certainly a condition of your probation is not to drink while on probation. Also a condition of probation is ALWAYS not to violate a law of the state, which a PI arrest is. You'll almost certainly have to tell your PO about the recent arrest if they ask at your next appointment but because PI is a Class C misdemeanor and you've done so well on your probation otherwise, you might be able to get by without any real recourse. Make sure you honestly answer the POs questions but also hire an attorney if they decide to file an MTR.

    Good luck to you

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