Driving While Intoxicated is a serious charge. Injuring someone while driving while intoxicated is an even more serious charge. Intoxication Assault conditions of probation require more requirements for defendants than other types of probation.
Intoxication Assault is a third degree felony in Texas which means the punishment range is two to ten years in prison. Texas law also allows for the possibility of a defendant charged with Intoxication Assault to receive probation if the defendant has not been convicted of a previous felony. This usually occurs through a plea bargain.
If a defendant is successful in obtaining probation for Intoxication Assault he will have Intoxication Assault conditions of probation he will be required to follow and successfully complete.
One of these conditions is a requirement to spend at least 30 days in jail as a condition of probation. That is the minimum amount a defendant will serve as a condition of probation. You can’t get less jail time and you could get up to 180 days in jail as a condition. It should also be noted that any days in jail served as a condition of probation will not count as back time if the defendant’s probation is ever revoked.
The defendant will also be required to under go a drug/alcohol evaluation which could lead to additional conditions of probation such as a rehabilitation program. The defendant would also be required to pay for the cost of that rehabilitation program unless the court found they were indigent.
Finally all defendants who receive probation for Intoxication Assault will be required to complete an alcohol education program.