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Could I be revoked on straight felony probation for a dwi? With I am what process will I face and can I be reinstated??

Amarillo, TX |

I have 4 years left on straight felony probation for a 3rd degree felony of impeding breathe. I have completed a year with no violations I am caught up on fines and community service pretty much. I got a d.w.i. the other day and bonded out. I haven't told my p.o. yet and debating to tell her or just let her find out to give myself time. I been told to get me an attorney but, I read here that they have 20 days to decide on a motion or I to make a deal with prosecutors with I am locked up. I opted for a court appointed lawyer I really want to continue my probation. This is my first dwi in Texas. I just really need some solid advice. Should I tell my p.o.? I need time to situate things. I have lil girl thats 3 I'm a full time daddy not that matters but, I want to be here for her is all. Thx.

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Attorney answers 5

Best Answer

The solid advice that you need to hear is the you do EACH of the following things immediately:

1) Contact your probation officer to advise him or her that you were arrested by law enforcement
within the past 24 hours for suspicion of driving while intoxicated. Don't just leave a voice mail message and be done with it. Keep calling your probation officer until you speak personally with your officer. Once you finally get ahold of your officer, he or she will want to schedule a meeting for you to be seen. As much as you fear this meeting and what may happen, delaying it only makes it worse.
2) Contact and hire an experienced DWI defense attorney in your area, and;
3) Get the booze out of your life.

What to expect next?
It is difficult to say exactly. Depending on how good of a working relationship you have built with your probation officer, he or she will inform you of their office's requirements for someone who picks up a new offense. Realistically you can immediately expect a whole lot more face time with your probation officer, a series of alcohol awareness classes and counseling assignments. Possibly being ordered to get an ignition interlock device installed or be ordered to wear a SCRAM ankle monitor. Eventually you will have a meeting with the judge or probation will inform you that they want you to agree to an administrative hearing to extend the length of your probation. This is where a good defense attorney can help advise you in addition to helping fight the DWI charge.

Good luck,
Martin Zimmerman

Martin Zimmerman, P.C. 189 E. San Antonio St. P.O. Box 310704 New Braunfels, Texas 78131-0704 Tel: (830) 606-7886 Fax: (830) 627-2890 The information contained in and transmitted with this e-mail is: 1) Subject to the Attorney-Client Privilege; 2) Attorney Work Product; or 3) Confidential It is intended only for the individual or entity designated above. Any distribution, copying, use of, or reliance upon the information contained in and transmitted with this facsimile by or to anyone other than the recipient designated above by the sender is unauthorized and strictly prohibited. If you have received this e-mail in error, please notify Martin Zimmerman, P.C. by telephone


You've got a lot of issues and questions that you're dealing with. My understanding is that probation violations are taken very seriously in TX, and that probation officers have a lot of power. I definitely suggest that you consult with a locally experienced defense attorney ASAP. Best of luck.

Jasen Nielsen


And you hesitate getting a lawyer and want to make all these decisions without professional advice? You really think that you will be successful in making a deal with the prosecutors to stay out of jail? You aren't willing to avoid criminal activity [the DWI] and are considering further violation of your terms of probation by keeping a secret about your arrest from your PO? You need more than time to get your head straight and begin to handle this problem-you need an experienced DWI attorney to advise you.


No question you need an attorney. If you want to find one in your area here on AVVO you can select "Find a Lawyer" at the top of the page. Good luck.


I appreciate that you are being as detailed as you are, but, as an attorney, I am left with many more questions--for your sake. Please, contact an attorney that handles DWI cases. There are numerous good ones on this site. You need to realize when you are well past the point where self-help can benefit you. Based on your facts stated, that point was reached some time ago.

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