Why You Should Consider NOT Requesting Probation on Your DWI
1st offense DWI punishments are usually about the same, UNLESS you choose to have the jury set the punishment, and take away the probation option, which is what I usually recommend. Most people end up with either no jail sentence, or about one weekend in jail, and a small fine.
In my view, that beats the heck out of the "usual" DWI 1st offense probation sentence, which includes:
Two years probation
Reporting to probation once per month
$60 per month probation fees
$1,000 fine
An 8 hour, DWI Education program ($50)
A one hour drug and alcohol evaluation ($25)
A three hour MADD Victim Impact Panel ($25)
24 to 80 hours of community service restitution
A $25 payment to Crime Stoppers
Random urine tests for drug screening
And the possibility of being revoked and sent to jail for 120 to 180 days.
Some judges also make you abstain from alcohol for the entire probation period.
No thanks! Give me a weekend in jail anytime!
In Dallas County, this is especially the case, for three reasons:
1) In Dallas County, to serve a county jail sentence, you don't even do your time in the jail! You go to a hotel! It is a hotel managed by the jail, but nonetheless it is a hotel, and it is very non-intimidating.
2) In Dallas county, all county jail time gets three-for-one time credit. So a 30 day sentence takes just 10 days to serve. (Actually, it is even a little less than that, with credit for back time from the time of your arrest).
3) In Dallas county, almost everyone is given work release, meaning that you get out to go to work, and only stay in the hotel during the hours that you don't work.
For these reasons, you probably should consider NOT filing for probation.
