Tyler, TX asked in DUI / DWI for Texas

Q: A person cannot drink while serving probation for DWI. Does that condition apply if they serve jail time on weekends?

My ex wife is serving 45 days on weekends over a period of months for DWI. In the meantime, she is still drinking like a fish while in custody of my two young sons. Generally speaking, is a defendant required to abstain from alcohol in that situation just like in a probationary situation? And if so, which entity should I contact? CPS? Sheriff? Court?

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1 Lawyer Answer

Benson Varghese

Answered
  • DUI & DWI Lawyer
  • Fort Worth, TX
  • Licensed in Texas

A: It is possible but unlikely that she is serving days in jail - even over weekends - as a condition of probation. It sounds like she is serving a jail sentence on weekends. If she's serving jail time, there are no conditions other than going to jail when she is supposed to. If she's serving a probated sentence, then her probation officer would likely revoke her if she violated a condition of probation such as consuming alcohol when she was ordered not to. That is, however, most likely not the situation based on what you've described.

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