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Days of Jail as a Condition of Probation

DWI Probation Sometimes Includes Days in Jail as a Condition of Probation

For certain DWI convictions, the law requires days of jail as a condition of probation. The good news is that a First Time misdemeanor DWI conviction does not have this requirement. The jail time as a condition of probation only comes into effect on a second or more DWI Conviction, or for Intoxication Assault or Intoxication Manslaughter conviction. The minimum days of a jail as a condition of probation is as follows:

  • 72 hours (3 days) of continuous confinement on a second DWI conviction (Class A Misdemeanor);
  • 5 days if the second DWI conviction occurred within 5 years of the first DWI conviction;
  • 10 days on a third or more DWI conviction (felony);
  • 30 days on an Intoxication Assault conviction; and
  • 120 days on an Intoxication Manslaughter conviction.

This problem becomes worse when the State moves to revoke probation. If the court revokes probation and sentences you to jail or prison, then the days of jail spent as a condition of probation do not count for calculating credit for time served.

More about Mimi Coffey & The Coffey Firm

When people look for a Top DWI Attorney or Best DWI Attorney, they look for experience, certification, and respect in the legal community. Mimi Coffey is a nationally-renowned trial attorney, board-certified in DWI by the NCDD. She has been practicing for over 24 years and is an author of multiple DWI Defense textbooks. She is also a national and state-wide lecturer on the law.

The Coffey Firm handles a wide variety of cases, including Unlawful Carrying Weapon (UCW), Assault (including family violence), and Possession charges. We can also help you try to get a DWI off your record or avoid probation revocation.

Mimi is also listed on several “top criminal lawyer near me” directory listings such as Wise County DWI Lawyers, Tarrant County DWI LawyerDallas County DWI attorney, Collin County DWI attorneys and Parker County DWI attorneys. Mimi is a caring DWI Lawyer in Dallas – Fort Worth. She is also involved in the Texas Tech School of Law foundation and enjoys using the skills she has developed to give back to the community.