DWI Probation Sometimes Includes Days in Jail as a Condition of Probation
For certain DWI convictions, the law requires days of jail as a condition of probation. The good news is that a First Time misdemeanor DWI conviction does not have this requirement. The jail time as a condition of probation only comes into effect on a second or more DWI Conviction, or for Intoxication Assault or Intoxication Manslaughter conviction. The minimum days of a jail as a condition of probation is as follows:
- 72 hours (3 days) of continuous confinement on a second DWI conviction (Class A Misdemeanor);
- 5 days if the second DWI conviction occurred within 5 years of the first DWI conviction;
- 10 days on a third or more DWI conviction (felony);
- 30 days on an Intoxication Assault conviction; and
- 120 days on an Intoxication Manslaughter conviction.
This problem becomes worse when the State moves to revoke probation. If the court revokes probation and sentences you to jail or prison, then the days of jail spent as a condition of probation do not count for calculating credit for time served.
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