Felony level DWIs (which require at least two prior DWI convictions for the enhancement, or a prior conviction for Intoxication Manslaughter), are fundamentally different that first time, or even second time DWIs. The idea with felony DWIs is that the person has a drinking problem as opposed to simply having made a bad choice. Therefore, the FAIP is designed to be applied to felony DWIs.
A felony DWI is a third degree felony meaning the person could be sentenced to anywhere between two and 10 years in prison or receive up to 10 years probation. In Tarrant County, the District Attorney's office maintains a policy of the maximum term of probation as its only offer of probation. (They also generally offer the maximum two years probation for a misdemeanor DWI).
Basic Requirements for FAIP
A person in the FAIP program receives only four years probation. However, the program is much more intensive than standard probation, and the selection criteria is more exclusive.
The person must be 17 or older;
be a resident of Tarrant County;
charged with a felony DWI;
have no prior 3g convictions or pending 3g cases;
be a legal U.S. resident;
not currently on parole or probation;
have no pending possession of heroin or unlawful possession of a firearm cases;
have no prior involuntary or intoxication manslaughter convictions;
and be approved by the FAIP team.
The program consists of five phases; Stabilize and Engage, Treatment, Consistent Maintenance, Continuing Care, and Aftercare. The first four phases must last a minimum of 18 months. These four phases include meetings with supervision personnel, multiple court appearances, attending Alcoholics Anonymous meetings, submitting BAC and UA specimens. The person must be subject to at least 90 days on the SCRAM monitor, a driver's license suspension of up to two years, up to 160 hours of community service, and curfews. Additionally, the person must be confined for 10 days in the Tarrant County jail.
Phase Five - Aftercare
Following successful completion of the first four phases, the person is eligible for entrance into phase five, Aftercare. For admission to Aftercare, the person must also have been sober for at least one year, submit a stability and sobriety plan and be approved by the FAIP team.
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