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DWI BLOOD TESTS
Are blood tests more accurate than breath tests? Blood tests are not always reliable.
About David Breston
The Breston Law Firm has handled over 4,000 cases and has been helping people in Texas since 1987. Watch this video to find out more about our firm
CHOOSING A DWI LAWYER
Learn how to choose a DWI lawyer and the importance of choosing an experienced attorney.
DWI PENALTIES
A Texas DWI charge can cost you to lose your license, you face fines and may cost you your job.
DWI/DUI CHARGES
Have you been charged with Driving While Intoxicated (DWI)? Watch this video by David Breston explaining how he may be able to help you.
DWI BREATH TESTS
Should you refuse a breath test if you are pulled over for DWI in Texas? Watch this video to learn.
The Role of Probation in Drunk-Driving Sentencing
Statistics show that the number of convictions for first-time offenders of DUI laws is fairly high but a sentence of probation usually accompanies it. One reason for this may be the results of a study done by the U.S. Justice Department. Their findings revealed that convicted drunk drivers are much more likely to seek out support programs to address their drinking and driving issues if they receive a probationary sentence versus incarceration.
Often in the case of probation, the judge will be stern in his (or her) warning to the defendant about repeating any appearance before them in the courtroom for any future, similar events – but then show a measure of leniency in the sentencing itself.
In other words the defendant may be required to pay hefty fines but be given probation. Probation is a sentence that allows for the convicted person to remain free of incarceration as long as they follow rules and regulations stipulated by the court. Probation is offered in lieu of jail time at the discretion of the judge but should a person disregard the probationary requirements they can be taken into custody and confined for a period of time.
While probation is the most sought after sentence by defense lawyers and their clients (short of an acquittal of all charges) because it is the least restrictive the courts also benefit from this choice as well. The cost of housing an individual in county facilities is becoming prohibitive and the court system is looking for less costly alternatives to punishing persons who are not considered (in general) to be a threat to society.
Probation is still a form of punishment, however; it's just punishment that one serves outside a prison cell. It is meant to be rehabilitative but not in the same way as incarceration. Persons who receive probation may be required to attend alcohol education classes or Alcohol Anonymous meetings. Be guaranteed that you will be asked to pay fines and fees and your driving privileges may be suspended or revoked for a period of time.
They may also be compelled to perform some type of community service. This could include such things as speaking to other persons about the dangers of drunk driving or visiting victims of drunk driving accidents and/or their family members so that the convicted drunk driver has a first-hand and up-close look at the consequences of the behavior. This is considered to be more profound, life-altering and effective deterrent to future drunk driving than any jail sentence could elicit.
Finally, you will be scheduled to meet regularly with a probation officer. This may happen at the courthouse or other social services facility. The probation officer will have separate requirements and expectations of you throughout the probationary period and will weigh in at the end of the sentence.
In order to ensure that your probation is successful attend all scheduled meetings with your probation officer and the courts and pay your fines on time.