Getting off of DWI Probation early is a very common question. DWI Probation can feel very different from other types of probation with all of the additional conditions. On top of that, the cost of having an interlock device builds up over time causing financial problems. Early release of DWI Probation is a complicated subject. On the one hand, the law specifically states that one cannot end probation early on an offense under sections 49.04 – 49.08 of the Texas Penal code (i.e., the DWI sections) in Texas Code of Criminal Procedure 42A.701(g). On a deferred adjudication probation, however, the law is a bit more ambiguous.
Overall, the deferred adjudication statutes will control over the other probation statutes on a deferred adjudication probation. This means that the judge may end a DWI Deferred probation early if “the best interest of society and the defendant will be served”. Further, a successfully completed deferred probation may not act as grounds to deny/suspend/revoke professional or occupational licenses/certificates (with a few exceptions) if the person is otherwise qualified. In the end, the decision to allow for early release of DWI deferred probation is up to the judge’s discretion. Many judges listen to what probation tells them, though. So, performing perfectly on probation means that probation may give the judge a good report.
