Texas DWI Probation Violations

San Antonio DWI MTR Lawyer

A DWI probation violation in San Antonio can cause major problems — from losing your job to going to jail. If you or a loved one received a Motion to Revoke (MTR) for a DWI probation violation in Bexar County, you need to act fast. Genaro R. Cortez is a San Antonio criminal defense attorney who has helped hundreds of people fight MTR hearings and stay out of jail. Below, we answer the most common questions about DWI probation violations in Texas and what you can do to protect yourself.

How Does DWI Probation Work in San Antonio, Texas?

Texas dramatically changed its DWI and probation laws over the years. In the early 2000s, a DWI arrest almost always resulted in a DWI conviction. Worse yet, it required the DWI driver to pay thousands of dollars in DPS fines and surcharges. Fortunately, Texas eased up on these laws.

In 2025, it is now possible to avoid a DWI conviction on your record. In addition, many Bexar County prosecutors are willing to allow a suspected DWI driver to plead to a different crime. That is, instead of pleading to a DWI, many drivers can now plead out to an Obstruction of a Highway charge. The upside is that an Obstruction charge does not carry a minimum jail term. Thus, many drivers can now avoid jail time altogether.

However, certain parts of DWI probation have not changed. Namely, a San Antonio DWI driver must complete the following:

• DWI Education classes;
• Report to a Bexar County probation officer;
• Take and pass regular drug and alcohol tests;
• Complete community service hours; and
• Not pick up new criminal cases.

If you complete these conditions, then the judge will close out the case. Additionally, it may allow the person to seal your record. However, if you do not follow the rules of probation, then the judge will issue an arrest warrant and hold a Motion to Revoke (MTR) hearing.

DWI Regular Probation vs. DWI Deferred Adjudication in Bexar County.

The main difference between these two types of probation is a criminal conviction. With deferred probation, the judge does not find the person guilty. If you complete your probation, then the judge will dismiss your case. In contrast, with straight probation the judge finds you guilty of DWI.

A DWI conviction also carries extra financial costs and burdens. If you get a DWI conviction on your record, then most insurance companies will classify you as a “high-risk driver.” As a result, your rates will go up significantly. Also, a DWI conviction may hurt you during job searches.

However, if you are a first-time DWI offender with a clean record and complete your probation, then you can ask the judge to seal your Bexar County DWI records. Under Tex. Gov’t Code Sec. 411.0731, you can ask a Bexar county judge to seal your DWI probation records even if you have a conviction under limited circumstances. A San Antonio DWI MTR lawyer can help you seal your records after you finish your case.

What are the most common DWI probation violations in Bexar County?

The most common San Antonio DWI MTR violations are:

1. Failing to Report: This happens when the person does not report to a probation officer one or more times.
2. Giving a Dirty Drug Test: The person’s drug test is positive for cocaine, meth, or heroin.
3. Getting arrested for a new crime: The person gets arrested for a new crime like assault, theft, or a second DWI.
4. Ignition Interlock violations: In many DWI cases, judges order the driver to get an Ignition Interlock device installed in the person’s car. This machine requires the driver to give regular breath samples while the person is driving the car. If the person gives a breath sample that tests positive for alcohol, then this will trigger an MTR.
5. Not completing DWI classes: Texas law requires a person on DWI probation to attend and complete DWI education classes. If the person does not complete these classes, then this will also trigger an MTR.

How much jail time can I get for a DWI Probation violation in Bexar County, Texas?

What happens at a DWI probation revocation Hearing in San Antonio?

While DWI cases have specific requirements like Ignition Interlock, the judge still follows the standard options for all Texas probationers. [For a detailed breakdown of the 5 options a judge has at your hearing, see our comprehensive guide on Motions to Revoke Probation in Texas.]

Nevertheless, if you are on probation for a DWI in Bexar County, your MTR will be handled in one of the district or county courts at law located in the Cadena Reeves Justice Center located at 100 Dolorosa Street, San Antonio, Texas 78205. Each San Antonio judge has different views on ‘technical’ violations like missing a breathalyzer test versus ‘substantive’ violations like a new DWI arrest. So your experience will depend on the judge assigned to your case.

At the MTR hearing, a judge decides if you broke the rules of DWI probation. Unlike a criminal trial where the State must prove guilt beyond a reasonable doubt, the standard in an MTR is lower. As established in Rickels v. State, the prosecutor only needs to prove a violation by a preponderance of the evidence.

If the court decides that the DWI MTR violations are true, then it can do several different things. First, the judge can revoke your probation and send you to jail. Second, the judge can deny the MTR, but change the conditions of probation. Third, the judge can deny the MTR and end the probation.

What should I do if I get an MTR for my DWI Case in Bexar County?

Below are steps you should take if your probation officer files an MTR in your case:

1. Check with the Bexar County court your case is set in to see if you have a bond set. Unfortunately, many judges will issue a warrant in MTR cases and Remand you without bond (R.W.O.B.) If this happens, then you cannot bond out of jail because the judge did not set a bond in your case. However, once you turn yourself in, many judges will then set a bond so you can bond out of jail.
   
2. Hire a San Antonio Bail Bond Company to get you out of jail. Once you get the bond set, then have a family member or loved one post your bond.
   
3. Hire a San Antonio DWI MTR Lawyer. Many MTR cases can be worked out with a deal. A San Antonio DWI MTR lawyer can then help you stay out of jail.
   
4. Check in with your Bexar County Probation Officer. After you bond out, it is a good idea to check in with your probation officer. If you do not remember who your probation officer is, then call the office at 210-335-7200. Give them your name, case number, or SID number, and they can look up your case and tell you who your officer is. This is an important step because it shows the court and the prosecutor that you are taking proactive steps to address the DWI MTR violations.

San Antonio DWI MTR Attorney. Call 210-733-7575.

If you are facing a Motion to Revoke for a DWI probation violation in San Antonio or Bexar County, do not panic — but do not wait either. The sooner you hire an experienced attorney, the better your chances of staying out of jail and keeping your probation. Attorney Genaro R. Cortez has spent years defending DWI and MTR cases in Bexar County courts and knows how to negotiate with prosecutors to get you the best possible outcome. Whether you failed a drug test, missed a check-in with your probation officer, or picked up a new charge, he can help you understand your options and fight to protect your freedom. Call 210-733-7575 today for a free consultation about your DWI MTR case.

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