Fort Worth, TX asked in DUI / DWI for Texas

Q: 1st dwi, will i have to take a pee test on 1st visit? my prob doesnt say i will have to or that i cant drink

I took that alcohol eval and they told me not to over think it, so i didnt, i told them what they wanted to hear. my dwi was 2 months ago and i did have a few drinks 2 weeks ago in my home. i am just not sure what to expect, i am 40 and have never been in trouble before. just curios if they will test me on my 1st visit

Related Topics:
1 Lawyer Answer
Phillip Wayne Goff
Phillip Wayne Goff
  • DUI & DWI Lawyer
  • Corpus Christi, TX
  • Licensed in Texas

A: The short answer is you will likely not be tested on your first visit because alcohol is eliminated from your body very quickly, but it could happen.

Whether you are subject to urine testing depends upon what your conditions are. However, I would fully expect your conditions to include an order for you to abstain from the consumption of alcoholic beverages. Almost every DWI order will include a provision to allow a probation officer to test you, so as to enforce the abstention order. It is typically discretionary with the probation officer for a first-time offender.

As far as your evaluation, you should simply answer it truthfully. The evaluation's purpose is to assess what programs the department offers are most appropriate for you. Telling them "what they wanted to hear" does not help anyone, nor do you know what they want to hear.

Your question doesn't reveal whether you are on pre-trial supervision or have already been convicted and placed on "straight" probation, otherwise known as community supervision. However, my answer applies to both because it is unlikely either set of orders would omit a prohibition against drinking alcoholic beverages.

The difference is a condition of pre-trial release could result in your bond being revoked and returning you to jail to await trial or require a higher bond. After being sentenced and placed on probation, violations could result in your probation itself being revoked, which could mean jail time or other sanction.

Bottom line: don't drink while being supervised.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.