Some Repeat DWI Offenders Receive Probation

September 28, 2012

While more law enforcement agencies are moving towards "no refusal" protocols to take suspected drunk drivers off the road, those who are convicted are more likely to receive probation rather than jail time. Indeed, probation is common for first time offenders as many accept the terms of probation. However, a growing number of repeat offenders are receiving probation; even those convicted of their third DWI. According to a report by WOAI.com (WOAI 4 News), just over half of all felony DWI offenders across all Bexar County District Courts receive probation in cases where the sentence is decided by a judge.

Researchers analyzed more than 1,300 cases decided by 10 district court judges in Bexar County over a three year period (January 1, 2008 through December 31, 2010). The numbers elicited strong reactions from the South Texas branch of Mothers Against Drunk Driving (MADD). The chapter's executive director, Jennifer Northway explained that she was disappointed that more people were given probation instead of being sentenced to the fullest extent of the law. However, criminal defense attorneys explained that repeat DWI cases are generally different, and that they do not always merit the same sentence.

Probation is not easy. Common conditions include weekly reporting, surprise home visits, and maintaining employment. Many probationers have had their probations revoked with the judge sending the defendant to prison after eight to nine years of being a successful probationer. Even small violations can result in being sent to prison. It is possible for a judge to revoke probation and send a defendant to prison because one meeting was missed in nine years or one glass of wine was drank at an anniversary dinner. If someone can make it through an extended period of probation they will probably end up being good citizens.

How Probation is Determined in Repeat DWI Cases

In cases where a sentence is to be decided by a judge, the court relies on a pre-sentence investigation where the defendant is evaluated to determine if there are alternatives to jail time that would serve the public's interest in promoting safety. Investigators chronicle the person's criminal history, the time between DWI convictions, substance abuse issues (and actions taken to treat the problem) as well as mental health issues. Ultimately, a decision must be made as to whether the defendant is a threat to public safety. If the safety concerns are substantiated, jail time will be recommended.

Generally speaking, judges don't want to put people in jail who don't need to be there. These include non-violent offenders, people who are gainfully employed (or will lose their jobs should they go to jail), and those with 10 years or more between DWI convictions. Offenders with successful records of attending meetings with probation officers and completing substance abuse treatment are also prime candidates for probation. If an offender exhibits these qualities, chances are increased that a judge will give them an opportunity to rehabilitate themselves.

Furthermore, because of jail or prison overcrowding, a defendant is unlikely to serve the entire sentence imposed. Therefore, sentencing a defendant to prison may ultimately make the roads less safe as the defendant will be released without restrictions. While on probation the probation department can monitor a defendant and take corrective action if needed.

DWI Probation Conditions

Those who are granted probation must follow a battery of conditions. First, they must remain law-abiding and have no criminal offenses during their probation. In addition to regular meetings with probation officers, offenders may also be required to complete community service, DWI classes and DWI victim impact panels. They will also have to install ignition interlock devices on their vehicles and be subject to random alcohol testing (since abstinence from alcohol is a condition of probation).

If you have questions about your eligibility for probation, an experienced Texas criminal defense attorney can advise you.

Article provided by Rush & Gransee, L.C.
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