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Deadly Weapon and DWI Probation Eligibility

Did you know that a deadly weapon finding may have an impact on your eligibility for DWI probation?

Texas law limits a judge or jury’s authority to order or grant probation on certain offenses. These are typically what DWI lawyers refer to as “3g” offenses. This list includes, but is not limited to: Murder, Sexual Assault, Injury to a Child, and Compelling Prostitution. More importantly, though, the law limits a Judge’s ability to grant probation when the offense involves a deadly weapon. If a deadly weapon was used or exhibited in the commission of a felony and the defendant is the one who used or exhibited the deadly weapon, the law says that a Judge may not grant straight probation.

A jury, however, has fewer limits. While a jury may not grant probation for offenses like Murder or certain Aggravated Kidnapping, they may also not grant probation if a person receives a sentence of imprisonment that exceeds 10 years. However, a jury has no deadly weapon limit. In other words, a judge may not grant straight probation for Aggravated Assault with a Deadly Weapon, but a jury can.

Oddly, there is an exception to the deadly weapon rule. A judge still has authority to grant deferred adjudication probation if an offense involves a deadly weapon. There are other restrictions to deferred, however, that may affect your case. Please contact our DWI Lawyers to discuss the specific facts of your case to determine if any of these exceptions apply to you.