It is entirely in the discretion of the judge and the prosecution.
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My guess is that the State will not offer probation given the facts you have laid out.
James R. "Jim" Butler,Houston,Texas,DWI Lawyer. Free Consultation .Call (713)236-8744. I only represent people accused of DWI in Texas.
It is completely within the discretion of the DA whether to offer probation. It certainly seems unlikely in this circumstance, but nothing you have state prevents it.
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I think the chances of this person getting probation are highly unlikely. He is not legally eligible for probation, should it be taken to a jury trial but the prosecutor does have the discretion to offer it if they deem the case requires it. (Possibly a weak case, unavailable witness,etc.)
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