What will happen on a violation of parole with a second DUI? 1 Answers as of June 15, 2011Does anyone know the charges that could apply for my fiance who violated parole with a second dui? Also, he has been in jail here in Texas since March 2011, and he just now got a court appointed attorney. He had his arraignment date on April 8, 2011 but he still hasn’t gotten a court date yet... Anyone know how long it could take/? And maybe help us to know what charges he might be facing?
Cynthia Henley, Lawyer | Cynthia Henley
If his new charge is DWI 2nd, and it is truly only his 2nd DWI, he could get up to 1 year in jail and up to a $4,000 fine if he is convicted of the offense. He could also have his privilege to get a driver's license revoked. He could be found not guilty by a jury or judge, have the case dismissed by the prosecution, or work his case out for a plea bargain for a DWI or some other offense (such as obstruction of a highway.) What may happen on that case depends on the facts of the case as well as when his prior DWI was. As for the parole, he could be revoked for violating parole whether or not he is convicted of the DWI. The burden of proving a parole violation is much less than the burden to convict for a new offense. Moreover, it may be a violation of parole for him to be drinking at all. However, especially depending on what happens on the DWI and in consideration of how long he has been on parole and how well (or badly) he has done on parole (besides the new charge), he could be reinstated on his parole or have his parole revoked. The amount of time he would spend in prison upon a revocation would depend on many factors including how he did on parole (besides the new case) as well as the factors surrounding the case for which he is on parole. As far as how long it takes - it varies by county. Some counties deal with cases quicker than others - which is generally based upon how heavy their dockets are. Since he now has a court appointed lawyer, he can discuss this with that lawyer. (The lawyer may or may not talk with you. The lawyer is appointed to represent your husband, not you, and some lawyers will not talk with family members. But, your husband could ask and then inform you.)
Answer Applies to: Texas