DWI PROBATION

A trial court has the power to impose conditions on bail that are reasonable.  Although pretrial bond conditions must meet three conditions:

• Reasonableness;
• Securing defendant’s presence at trial;
• Related to the safety of the victim or the community

Conditions of bond on appeal do not have to meet all three conditions and must only be reasonable.

Condition that have been found to be reasonable include not operation a motor vehicle, home confinement, electronic monitoring, random uninanalysis, interlock devices, payment for electronic monitoring, payment for probation supervision fees, the safety of the victim, remaining in the county, abstention from drug use, urinalysis and posting the results, paying for urinalysis, and staying away from victims.

Punishment

By far the simplest method of avoiding a challenge to a condition of supervision is to have the defendant  agree to is imposition or waive any right of appeal.

Interlock Devices

Code of Criminal Procedure article 42.14 provides that judges may require installation of an interlock device on a DWI defendant’s car as a condition of probation.  The judge may only waive this condition if she makes a finding that the interlock device would not be in the best interest of justice.

Jail Time 

Penal Code Section 49.09 requires three days jail time as a condition of probation for repeat offenders.  This condition is mandatory and a trial judge has no discretion to fail to enter this order.

Probations

A judge does not have authority to terminate or set aside DWI probations early.

Minimum Confinements for Intoxication Offenses as Condition of Community Supervision:

Driving While Intoxicated

• 72 hours continuos confinement (second offense)
• 5 days in county jail (second offense within 5 years
• 10 days in county jail (third or greater offense)

Flying While Intoxicated

• 72 hours continuous confinement (second offense)
• 10 days in county jail (third or greater offense)

Boating While Intoxicated

• 72 hours continuous confinement (second offense)
• 10 days in county jail (third or greater offense)