What You Need to Know
Driving While Intoxicated (DWI) is a serious criminal offense that can carry significant legal, financial, and personal consequences. If you’ve been convicted or pled guilty to a DWI charge, you may face more than just sentencing—it’s likely that the court will order a Pre-Sentence Investigation (PSI). This report plays a crucial role in shaping your sentence and can influence everything from fines and jail time to probation and treatment requirements.
What Is a Pre-Sentence Investigation?
A Pre-Sentence Investigation is a comprehensive background report prepared by a probation officer or other designated official after a defendant is found guilty or pleads guilty to a criminal charge. In DWI cases, the PSI helps the judge understand the individual behind the offense and determine a fair, informed sentence.
- What’s Included in a DWI Pre-Sentence Investigation?
The content of a PSI can vary depending on the jurisdiction, but most will include: - Criminal History: Any prior arrests, convictions, or pending charges. Prior DWI
can lead to enhanced penalties. - Driving Record: A detailed driving history, including previous traffic violations or alcohol-related incidents.
- Substance Abuse History: Information on drug or alcohol dependency, past
treatment, and current habits. - Personal Background: Employment history, education, family situation, financial status, and mental health evaluations.
- Victim Impact Statements: If anyone was injured or affected by DWI, their
statements may be included. - Defendant’s Statement: A personal statement from the defendant, which can
reflect remorse, responsibility, or context for the offense.
Why It Matters
Judges often rely heavily on the PSI when determining an appropriate sentence. This report can influence:
Incarceration vs. Probation: A thorough PSI can help argue for alternatives to
jail, like probation or house arrest.
Treatment Requirements: Recommendations for substance abuse counseling
or rehabilitation may be included.
Fines and Community Service: The PSI may suggest the scope of financial
penalties or community obligations.
License Suspension Terms: Depending on the defendant’s history and risk
level, the PSI may impact driving restrictions.
What Defendants Should Know
If you're facing a PSI in a DWI case:
1. Be Honest: Inaccuracies can hurt your credibility and lead to a harsher
sentence.
2. Seek Legal Guidance: Your attorney can help you prepare for the PSI interview
and highlight mitigating factors.
3. Demonstrate Responsibility: Judges look favorably at defendants who show
remorse and take proactive steps, such as enrolling in treatment or attending
support groups.
When does the Law REQUIRE a PSI
The general rule under the Texas Code of Criminal Procedure 42A.252 is that ALL
CASES shall have a Pre-Sentence investigation report before the court imposes a
sentence. However, the law provides for certain exceptions to that general rule.
For misdemeanors, the court does not require a PSI if the defendant requests to waive the PSI (which is common language in a plea agreement) and the judge accepts the waiver. There is also a misdemeanor exception if the judge finds sufficient information in the record to permit “meaningful exercise of sentencing discretion” and explains that finding on the record. In other words, if the record includes mitigating information that allows the judge to consider whether to impose jail or probation.
For felony cases, there are other exceptions. First, there is no requirement for a Pre-Sentence investigation report if a jury assesses punishment. Second, a PSI would not apply to a conviction or plea in a capital murder case. Third, and very important to some Felony DWI cases, is that the law does not require a PSI if the ONLY available punishment is imprisonment. In other words, if probation is not an option, then there is no need for a PSI as the primary reason for the report is for the State and Judge to consider probation. Finally, and likely the most applicable to a broad range of felonies, is that there is no PSI requirement if there is a plea agreement where the Defendant agrees to a sentence of imprisonment.
Final Thoughts
A Pre-Sentence Investigation isn't just a formality, it can significantly impact the outcome of your case. If you or a loved one is going through a DWI proceeding, it’s essential to understand the role of the PSI and to work closely with a legal professional to ensure your story is fully and fairly represented.
