Yes, you can get probation on an Intoxication Assault case. One way to go about it is negotiate a favorable plea agreement with the prosecution. However, in cases like this, a large part of the prosecution's decision making surrounding the plea agreement will hinge on the attitude of the injured person. In the event that you are unable to reach a palatable agreement, the other way you can get probation is from a jury during the sentencing phase of the trial. A jury can give probation if you have not been convicted of a felony. As a first offender, you'd qualify, though the jury is not obligated to give you probation. It's just an option for the jury to consider. The cleaner your record, and the more positive things you've done with your life, the better your chances of getting probation, whether by negotiation or by trial. As noted by other counsel below, if you are placed on probation for Intoxication Assault, the judge is required to sentence you to at least 30 but no more than 180 days in jail as a condition of probation. There are alternative ways to discharge that jail sentence that may be available to you, depending on the specifics of your case. If you want to read up on one of my recent Intoxication Manslaughter and Intoxication Assault trials, take a look here: http://www.keyetv.com/news/top-stories/stories/austin-man-sentenced-probation-jail-time-crash-killed-2-people-5398.shtml
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This sounds like a felony intoxication assault case. You will need a lawyer who is familiar with DWI defense. These cases are quite complex and are not for beginners.
Time to get a lawyer is NOW. Fortunately, Austin has many excellent criminal defense lawyers.
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You can legally get probation for Intoxication Assault. It is a 3d degree felony. This means you can also get up to 10 years in prison.
If given probation, the judge is required by law to make you serve a minimum of 30 days in the county jail as a condition of just getting probation. This is day for day time with no good time credit allowed.
Defend the charge. The accident doesn't sound to be your fault. Even if you assume they can prove intoxication, if they can't prove your intoxication casued the accident and injury, then its just a misdemenaor DWI.
Get a stellar lawyer. Get someone who will fight for you. Get someone smart and experienced. I'm sure they have your blood.
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