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?

Related Topics:
1 Lawyer Answer
Benson Varghese
Benson Varghese pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • 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.


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.