DWI Probation in Texas

Attorney Trey Porter
Trey Porter

DWI Probation in Texas

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Every person charged with DWI in Texas is eligible to submit an application for Community Supervision. Commonly referred to as probation, Community Supervision is an opportunity to avoid incarceration as punishment for DWI.

Texas has severe DWI consequences. Everyone charged with DWI, even a first offense, faces jail time. Community Supervision is a safe and preferable alternative to the nightmare that is incarceration. Learn more about Texas DWI consequences.

  • What is DWI probation?
    Probation is a contract between a defendant and the court. Probation is granted when a defendant is sentenced to a period of time in jail or prison, and a judge or jury decides to probate the sentence. This means that the defendant serves the punishment period through community supervision, instead of incarceration.
  • What are the requirements for DWI probation?
    DWI probation requirements vary, however, court-ordered classes, random drug testing, reporting, continued employment or school enrollment, community service, alcohol monitoring device(s), and the payment of fines, court costs, and supervisory fees form the core of probation terms and conditions in Texas. Learn more.

How to get DWI Probation

There are only two ways for a defendant to receive probation for DWI in Texas. A judge has the power to grant probation when assessing punishment as part of a plea agreement, or after a defendant has been found guilty at trial. A jury also has the power to grant probation after finding a defendant guilty at trial. 

  • Is it possible to get probation for DUI in Texas? Yes. Unlike DWI, a minor under 21 years of age cannot be sentenced to jail for DUI. However, it is critical to avoid a conviction for DUI at all costs. Learn more. 
  • Can you get probation for a 3rd DWI in Texas? Yes. Every person charged with DWI in Texas is eligible to submit an application for Community Supervision. Even after losing a trial, a defendant may still receive probation instead of being sentenced to jail. Learn more about Texas DWI consequences.

How Long is DWI Probation?

The maximum length of community supervision in Texas for a Misdemeanor DWI is 24 months, and for a DWI 3rd+ is 10 years. 

  • What factors determine the length of probation? Many factors determine the term of a probation, including, blood alcohol concentration, criminal history, whether there was an accident, injury, or property damage, attitude with law enforcement, driving facts, policies of the prosecuting office, and the temperament of the judge assigned to the case.However, the single most important factor in the outcome of any DWI case is choosing the right lawyer for representation. The experience and determination of a DWI lawyer directly impacts the result.
  • Can you get off probation early for a DWI in Texas? No. It is not possible to early terminate a DWI probation in Texas. Learn more.

Straight Probation vs Deferred Adjudication

The difference between straight probation and deferred adjudication is that straight probation starts with a permanent conviction. Because the conviction is final, the primary benefit of receiving straight probation is avoiding incarceration.

Deferred adjudication is better than straight probation. Deferred adjudication begins with no conviction, and a guaranteed pathway to dismissal. If all terms and conditions are met by the end of a deferred term, the charge is dismissed. In many cases, the charge can later be sealed through a petition for non-disclosure. Learn more about DWI deferred adjudication in Texas here.

What Happens with DWI Probation Violations?

Probation violations, even minor, can result in the State filing a Motion to Revoke Probation (MTR). MTR’s result in arrest warrants, potential incarceration, and can wreck a criminal record. 

  • Can you drink on DWI probation Texas? No. Alcohol consumption is prohibited while on community supervision in Texas. Even for adults over 21 years old. Learn more.
  • Is drug testing a requirement for DWI probation? Drug testing is a requirement while on community supervision in Texas. The frequency is determined by the court and the supervision officer. Failure can result in an MTR.

Bexar County Probation Resources

The Bexar County Adult Probation Department is charged with the supervision of more than 30,000 Bexar County residents. Common probation questions include: 


Trey Porter is a dynamic advocate, nationally recognized for his work in DWI Defense. He has been voted by his peers as a best lawyer in the field of Criminal and DWI Defense every year since 2015. Recognized by SuperLawyers, Mr. Porter has also been distinguished as a Top 40 Under 40 Criminal Defense Lawyer by the National Trial Lawyers Association. Mr. Porter holds a Superb rating from AVVO, where attorneys are rated based on skillful litigation, client satisfaction, peer endorsements, and positive results. Learn more.

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Attorney Trey Porter

Trey Porter

Trey Porter is one of the highest-rated criminal defense attorneys in Texas. Nationally recognized, Mr. Porter relentlessly fights to protect and assert his clients’ constitutional rights in and out of courtrooms across the state.


If you have been arrested and charged with a crime, it’s time to start building your defense.

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