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xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience:  Over 20 yrs experience in prosecution and defense work
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Are there any training programs in Tarrant County an inmate can take instead of serving a

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Are there any training programs in Tarrant County an inmate can take instead of serving a 3-year sentence for a third DWI offense?
Thanks for using It will be my pleasure to assist you today.

Has the person already pled guilty or been found guilty of the offense?

Has the person already been sentenced?

Was the person represented by an attorney?

Customer: replied 4 years ago.
Yes, our 30-year old son was represented by a criminal defense law firm, pled guilty, and was sentenced 1 week ago to a 3-year sentence.

Thanks for the information. I want to look up a few things for you. I will be back asap with an answer.

Thanks for your patience.
Customer: replied 4 years ago.
Ok I will wait for your answer.

Thanks for your patience.

A third offense DWI is considered a third degree felony. A conviction brings a MAXIMUM of:

  • Up to a $10,000 fine
  • Two to 10 years behind bars
  • Annual fine of $2,000 for three years to keep driving privileges
  • Alcohol evaluation/treatment


The judge – or a jury in a criminal trial – could still have given your son probation on a second or third drunk driving offense, but he will have to serve at least a few days in jail, under the Texas Code of Criminal Procedure. The sentence is 10 days minimum for DWI third offense.


Other conditions of probation, or community supervision, are similar to simple DWI, but more stringent. They are:

1. Rehab evaluation – He will be required to get an evaluation from a state-approved drug and alcohol counselor to determine whether you have an addiction and what treatment may be necessary to deal with it. He may then be required to go through rehab.

2. DWI repeat offender program – He will be required to attend an approved 32-hour course covering alcohol abuse, driving impairment and AA groups. If he doesn't take the course, his license will be revoked, and he won’t be able to get it back until he completes the program.

3. Ignition interlock device – He will be required to put a device on his vehicle that will test his breath each time he tries to start the vehicle. The device won’t allow the vehicle to start if it detects alcohol. He will not be allowed to drive any vehicle without this device for one year following the reinstatement of his driver’s license.


Exact sentences are generally up to the judge, with recommendations from the prosecutor. The judge has much discretion when it comes to sentencing.


The judge will have ordered a pre-sentence investigation which detailed your son's criminal and social history, the facts of the crime and the state’s recommended community supervision plan. The judge would have based his sentence on your son's criminal history, whether he was convicted of any other felonies and/or misdemeanors, whether there was an accident involved, what type of alcohol services that your son has received in the past, his work history, his family history/support, how close the DWI's were in time, and any other fact that the judge found relevant.


The judge COULD have given your son 10 years in prison, or a lesser amount of time incarceration coupled with up to 10 years of probation with the restrictions set forth above, along with any other restriction/term of probation as allowed by law.


So, the answer is "yes," your son could have been given as little as 10 days of incarceration along with alcohol rehabilitation, AA meetings, community service, etc. However, the judge, within his discretion as allowed by law, gave your son a harsher sentence.

You may wish to speak to your son's attorney (with your son's permission) about asking the judge to reconsider your son's sentence. However, there is a short window to do so. Therefore, your son's attorney would have to file a Petition to do so very quickly. The judge may grant the Petition to reconsider the sentence or deny it. But, unfortunately for your son, the judge was within his right to use his legal discretion to sentence your son.

Again, you may wish to speak to your son's attorney. However, you must do so ASAP to see if any Petition may be filed for Reconsideration of Sentence.

I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. Thank you for your business!



Do you have any follow up questions for me? If you are satisfied with my answer, please rate it as such. That is the only way that I can get credit for answering the question.

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Thank you.
Customer: replied 4 years ago.
I am familiar with the info you mention above. My question is can an inmate who is already in prison in Texas for dwi do his time by taking a school program offered by the state of Texas, for example, my husband found the prison entrepreneurship program (PEP) in Cleveland correctional Facility in Cleveland Texas. The prison entrepreneurship program was founded in May 2004 is a 501 (c)(3) non-profit organization based in Houston, Texas. Would a program like this be available to my son or are there any other programs my son is eligible to apply for?

Sorry for the delay. I was not available yesterday.

As I indicated, the judge has GREAT discretion when it comes to sentencing a person for DWI Third Offense. The only MANDATORY provisions when it comes to jail time is that a person serve a minimum of 10 days.

You or your son's attorney may wish to contact the entrepreneurship program that you referenced. I am sure that they have strict eligibility requirements for a person to enter into the program. If your son is eligible, and there is an open spot available, then his attorney can bring a Motion to Modify Sentence and seek the judge's permission to allow your son to enter into the program. If the judge is familiar with the program, or is given the information as an attachment to the Motion, AND your son is eligible, he has the discretion to allow him to finish out his sentence in the program. It is TOTALLY within the discretion of the judge. The judge is going to want to have proof that the program is willing to accept your son.

I am not personally aware of any other program that may be available for your son. However, you may wish to contact the probation department or department of corrections. Those departments will have the resources/programs that may be available for your son. But remember, the judge who sentenced your judge MUST agree to modify his sentence. If he doesn't, then your son will have to serve out his sentence as ordered.

It would be in your son's best interest if you seek the assistance of an attorney to help in drafting and arguing the Motion to Modify Sentence. The Motion must contain very specific information and may require specific legal citations that will allow the judge to hang his hat on.

I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. Thank you for your business!

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