Texas DWI and Motions to Revoke Probation.
A Texas DWI probation violation can cause major problems that can range from losing your job to even going to jail. Genaro R. Cortez is a criminal lawyer in San Antonio, Texas who has helped hundreds of people deal with probations and avoid jail time. Below, we will answer the most common issues that come up in DWI Probation Violation cases. But first, we need to describe how DWI probation works in Texas.
What is DWI probation in 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 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 tine altogether.
However, certain parts of DWI probation have not changed. Namely, a DWI driver must complete the following:
- DWI Education classes;
- Report to a probation officer;
- Take and pass regular drug and alcohol tests;
- Complete community service hours; and
- Not pick up new criminal cases.
If the person completes these conditions, then the judge will close out the case. Additionally, it may allow the person to seal or clean their record. However, if the person does not follow the rules of probation, then the judge may issue an arrest warrant and hold a Motion to Revoke (MTR) hearing.
DWI Regular Probation vs. DWI Deferred Adjudication.
The main difference between these two types of probation is a criminal conviction. With deferred probation, the judge does not find the person guilty. In contrast, with straight probation the judge finds the person guilty.
What are the most common DWI probation violations?
The most common DWI MTR violations are:
- Failing to Report: This happens when the person does not report to a probation officer one or more times.
- Giving a Dirty Drug Test: The person’s drug test is positive for cocaine, meth, or heroin.
- Getting arrested for a new crime: The person gets arrested for a new crime like assault, theft, or a second DWI.
- 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.
- 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 Texas?
| Texas DWI Offense. | Level. | Jail Time. | Fine Amount. |
|---|---|---|---|
| DWI-1st | Class B Misdemeanor. | 72 hours to 180 days in county jail. | $0.00 to $2,000.00. |
| DWI-1st with BAC of .15 or more. | Class A Misdemeanor. | 0 days to 1 year in county jail. | $0.00 to $4,000.00. |
| DWI-Open Container. | Class B Misdemeanor. | 6 days to 180 days in county jail. | $0.00 to $2,000.00. |
| DWI-2nd. | Class A Misdemeanor. | 30 days to 1 year in county jail. | $0.00 to $4,000.00. |
| DWI with a Child Passenger. | State Jail Felony. | 6 months to 2 years in a State Jail Facility. | $0.00 to $10,000.00. |
| DWI-3rd. | Third Degree Felony. | 2 years to 10 years in TDC. | $0.00 to $10,000.00. |
What happens at a DWI probation revocation Hearing in Texas?
The MTR hearing is where a judge decides if a defendant broke the rules of DWI probation. During this hearing, the judge will ask the person on probation if he read the violations in the MTR. The judge will then ask the person if the violations in the MTR are True or Not True.
If the person says the violations are true, then the judge can do several different things. First, the judge can revoke the person’s probation and send him 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.
On the other hand, if the person says the violations are not true, then the State must prove up the violations. But notably, these hearings are less formal than a jury trial. And the judge has lots of flexibility on how to decide the case.
What should I do if I get an MTR for my DWI Case in Texas?
Below are steps you should take if your probation officer files an MTR in your case:
- Check if you have a bond set. Unfortunately, many judges will issue a warrant in MTR cases and Remand without bond (R.W.O.B.) When this happens, the person cannot bond out of jail because the judge did not set a bond. However, once you turn yourself in, many judges will then set a bond so you can post bond and get out of jail.
- Bond out of jail. Once you get the bond set, then have a family member of loved one post your bond.
- Hire a lawyer. Many MTR cases can be worked out with a deal. A lawyer can then help you stay out of jail.
- Check in with your probation officer. After you bond out, it is a good idea to check in with your probation officer. They may give you some helpful advice to stay on probation.
Texas DWI Probation Defense.
If you have an MTR for a DWI, then do not panic. You have options. In many of these cases, your lawyer can work out a deal to keep you on probation.
Bexar County DWI Attorney Genaro R. Cortez.
Questions about your DWI or DUI case? Call 210-733-7575 for a free case consult.