Legal Question in Criminal Law in Texas

TX... DUI-Minor while on felony probation

I'm on deferred probation (felony) for meth. possession 4g. I got a DUI-Minor a few days ago.

My question is, will the state (or whoever) notify my probation officer of this offense automatically? Or is it treated similiarly to a traffic citation, where he won't find out unless I inform him.

I ask this question because the DUI is a Misd-C, the same as a traffic violation, and the penalty for both is basically just a citation. However, I don't go to jail for the night when I get a speeding ticket (although I know it's possible), and ''Do not drink alcohol'' is directly stipulated in my conditions of probation.

If you can answer my question in detail, that would be GREAT, as I'd love to know how this works. A simple 'Definately Yes/No' as far as my PO finding out on his own, will do. Sorry about the lengthy...


Asked on 10/15/04, 8:04 am

1 Answer from Attorneys

John Armstrong The Law Office of John W. Armstrong

Re: TX... DUI-Minor while on felony probation

There is no definately yes or no answer. It depends, on the officer, he could contact your Probation Officer and let them know, plus who do you think prosecutes these cases if they are in Justice of the Peace Court - the District Attorney's Office. So nobody can answer this question with a definate yes or no. If I was betting man, your probation officer is going to find out sooner or later. By the way, while you are thinking this is just like a traffic ticket, you have fifteen days from the date of that DUI to request a hearing in an attempt to save your driving privileges or your license will be suspended on the fortieth day from the date you received the DUI. You need to contact a DWI attorney in the area where you live.

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Answered on 10/16/04, 10:43 am


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