Basic Conditions of a DWI
Community Supervision
Sec. 13. (a) A judge granting
community supervision to a defendant convicted
of an offense under Chapter 49, Penal Code,
shall require as a condition of community
supervision that the defendant submit to:
(1) not less than 72
hours of continuous confinement in county jail
if the defendant was punished under Section
49.09(a); not less than five days of confinement
in county jail if the defendant was punished
under Section 49.09(a) and was subject to
Section 49.09(h); not less than 10 days of
confinement in county jail if the defendant was
punished under Section 49.09(b) or (c); or not
less than 30 days of confinement in county jail
if the defendant was convicted under Section
49.07; and
(2) an evaluation by a
supervision officer or by a person, program, or
facility approved by the Texas Commission on
Alcohol and Drug Abuse for the purpose of having
the facility prescribe and carry out a course of
conduct necessary for the rehabilitation of the
defendant's drug or alcohol dependence
condition.
(b) A judge granting
community supervision to a defendant convicted
of an offense under Section 49.08, Penal Code,
shall require as a condition of community
supervision that the defendant submit to a
period of confinement of not less than 120 days.
(c) If the director of a
facility to which a defendant is referred under
Subdivision (2) of Subsection (a) of this
section determines that the defendant is not
making a good faith effort to participate in a
program of rehabilitation, the director shall
notify the judge that referred the defendant of
that fact.
(d) If a judge requires
as a condition of community supervision that the
defendant participate in a prescribed course of
conduct necessary for the rehabilitation of the
defendant's drug or alcohol dependence
condition, the judge shall require that the
defendant pay for all or part of the cost of
such rehabilitation based on the defendant's
ability to pay. The judge may, in its
discretion, credit such cost paid by the
defendant against the fine assessed. In making a
determination of a defendant's ability to pay
the cost of rehabilitation under this
subsection, the judge shall consider whether the
defendant has insurance coverage that will pay
for rehabilitation.
(e) The confinement
imposed shall be treated as a condition of
community supervision, and in the event of a
sentence of confinement upon the revocation of
community supervision, the term of confinement
served may not be credited toward service of
such subsequent confinement.
(f) If a judge grants
community supervision to a defendant convicted
of an offense under Sections 49.04-49.08, Penal
Code, and if before receiving community
supervision the defendant has not submitted to
an evaluation under Section 9 of this article,
the judge shall require the defendant to submit
to the evaluation as a condition of community
supervision. If the evaluation indicates to the
judge that the defendant is in need of treatment
for drug or alcohol dependency, the judge shall
require the defendant to submit to that
treatment as a condition of community
supervision in a program or facility approved or
licensed by the Texas Commission on Alcohol and
Drug Abuse or in a program or facility that
complies with standards established by the
community justice assistance division of the
Texas Department of Criminal Justice, after
consultation by the division with the
commission.
(g) A jury that
recommends community supervision for a person
convicted of an offense under Sections
49.04-49.08, Penal Code, may recommend that any
driver's license issued to the defendant under
Chapter 521, Transportation Code, not be
suspended. This subsection does not apply to a
person punished under Section 49.09(a) or (b),
Penal Code, and subject to Section 49.09(h) of
that code.
(h) If a person convicted
of an offense under Sections 49.04-49.08, Penal
Code, is placed on community supervision, the
judge shall require, as a condition of the
community supervision, that the defendant attend
and successfully complete before the 181st day
after the day community supervision is granted
an educational program jointly approved by the
Texas Commission on Alcohol and Drug Abuse, the
Department of Public Safety, the Traffic Safety
Section of the Texas Department of
Transportation, and the community justice
assistance division of the Texas Department of
Criminal Justice designed to rehabilitate
persons who have driven while intoxicated. The
Texas Commission on Alcohol and Drug Abuse shall
publish the jointly approved rules and shall
monitor, coordinate, and provide training to
persons providing the educational programs. The
Texas Commission on Alcohol and Drug Abuse is
responsible for the administration of the
certification of approved educational programs
and may charge a nonrefundable application fee
for the initial certification of approval and
for renewal of a certificate. The judge may
waive the educational program requirement or may
grant an extension of time to successfully
complete the program that expires not later than
one year after the beginning date of the
person's community supervision, however, if the
defendant by a motion in writing shows good
cause. In determining good cause, the judge may
consider but is not limited to: the defendant's
school and work schedule, the defendant's
health, the distance that the defendant must
travel to attend an educational program, and the
fact that the defendant resides out of state,
has no valid driver's license, or does not have
access to transportation. The judge shall set
out the finding of good cause for waiver in the
judgment. If a defendant is required, as a
condition of community supervision, to attend an
educational program or if the court waives the
educational program requirement, the court clerk
shall immediately report that fact to the
Department of Public Safety, on a form
prescribed by the department, for inclusion in
the person's driving record. If the court grants
an extension of time in which the person may
complete the program, the court clerk shall
immediately report that fact to the Department
of Public Safety on a form prescribed by the
department. The report must include the
beginning date of the person's community
supervision. Upon the person's successful
completion of the educational program, the
person's instructor shall give notice to the
Department of Public Safety for inclusion in the
person's driving record and to the community
supervision and corrections department. The
community supervision and corrections department
shall then forward the notice to the court clerk
for filing. If the Department of Public Safety
does not receive notice that a defendant
required to complete an educational program has
successfully completed the program within the
period required by this section, as shown on
department records, the department shall revoke
the defendant's driver's license, permit, or
privilege or prohibit the person from obtaining
a license or permit, as provided by Sections
521.344(e) and (f), Transportation Code. The
Department of Public Safety may not reinstate a
license suspended under this subsection unless
the person whose license was suspended makes
application to the department for reinstatement
of the person's license and pays to the
department a reinstatement fee of $50. The
Department of Public Safety shall remit all fees
collected under this subsection to the
comptroller for deposit in the general revenue
fund. This subsection does not apply to a
defendant if a jury recommends community
supervision for the defendant and also
recommends that the defendant's driver's license
not be suspended.
(i) If a person convicted
of an offense under Sections 49.04-49.08, Penal
Code, is placed on community supervision, the
court may require as a condition of community
supervision that the defendant have a device
installed, on the motor vehicle owned by the
defendant or on the vehicle most regularly
driven by the defendant, that uses a deep-lung
breath analysis mechanism to make impractical
the operation of the motor vehicle if ethyl
alcohol is detected in the breath of the
operator and that the defendant not operate any
motor vehicle that is not equipped with that
device. If it is shown on the trial of the
offense that an analysis of a specimen of the
person's blood, breath, or urine showed an
alcohol concentration level of 0.15 or more at
the time the analysis was performed, or if the
person is convicted of an offense under Sections
49.04-49.06, Penal Code, and punished under
Section 49.09(a) or (b), Penal Code, or of a
second or subsequent offense under Section 49.07
or 49.08, Penal Code, and the person after
conviction of either offense is placed on
community supervision, the court shall require
as a condition of community supervision that the
defendant have the device installed on the
appropriate vehicle and that the defendant not
operate any motor vehicle unless the vehicle is
equipped with that device. Before placing on
community supervision a person convicted of an
offense under Sections 49.04-49.08, Penal Code,
the court shall determine from criminal history
record information maintained by the Department
of Public Safety whether the person has one or
more previous convictions under Sections
49.04-49.08, Penal Code, or has one previous
conviction under Sections 49.04-49.07, Penal
Code, or one previous conviction under Section
49.08, Penal Code.
Gilbert G. Garcia, has practiced
Criminal Law since 1978 and has been Board
Certified in Criminal Law since 1989. The
Gilbert G. Garcia Law Firm is the logical choice
to represent you in your criminal case,
providing the quality legal services you deserve
in your most important matters.
Free initial consultations and
reasonable fees. Personal payment plans
available and most major credit cards accepted.
Many issues are able to be handled via e-mail,
phone calls and fax and after hours and weekend
appointments are available upon request to meet
the needs of each client.
Conveniently located on the
Montgomery County Courthouse square since 1983.
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