Failing A Breath Test On Probation In Texas

Short answere: If you’re on probation for DWI and fail a breath test, it’s important to seek legal counsel immediately. The consequences of a failed test vary depending on the judge presiding over your case. For a first DWI offense, the potential consequences could include up to 180 days in jail, although in many cases, actual revocations result in less severe penalties. I also strongly recommend that you seek additional counseling. I’ve had considerable success helping my clients maintain their probation status. It is important to act quickly, as a delay could result in a warrant being issued for your arrest.

Understanding Probation Requirements

What is Probation in Texas?

Probation, also known as community supervision, is a legal alternative to incarceration that allows individuals to serve their sentences under supervision in the community.

Sobriety Requirements on Probation

Individuals on probation in Texas are typically required to maintain sobriety and abstain from the use of alcohol or drugs. Periodic breath testing is often used to monitor compliance with these requirements.

The Ramifications of Failing a Breath Test

Legal Implications

Violation of Probation Terms

Failing a breath test constitutes a violation of probation terms, which can result in legal consequences such as arrest and revocation of probation.

Criminal Charges

Depending on the circumstances and prior offenses, failing a breath test may lead to additional criminal charges, such as driving under the influence (DUI) or driving while intoxicated (DWI).


Revocation of Probation

A failed breath test can lead to the revocation of probation, resulting in incarceration or more stringent probation terms.

Extended Probation

In some cases, failing a breath test may result in an extension of probationary period, prolonging the supervision and restrictions.

Fines and Fees

Individuals who fail a breath test on probation may face fines, court fees, and other financial penalties.

Community Service

Courts may impose community service requirements as a consequence of failing a breath test on probation.

Legal Recourse and Options

Challenging the Results

Requesting Retesting

Individuals have the right to request a retest of the breath sample to ensure accuracy of the results.

Legal Representation

Seeking assistance from a qualified attorney can help navigate the legal complexities and challenge the validity of the breath test results.

Navigating Probation After a Failed Breath Test

Seeking Rehabilitation

Substance Abuse Treatment

Entering a substance abuse treatment program can demonstrate commitment to rehabilitation and sobriety.

Compliance with Probation Terms

Strict Adherence

After a failed breath test, it’s crucial to strictly adhere to all probation terms and conditions to mitigate further repercussions.

Positive Steps Towards Compliance

Regular Check-ins

Maintaining regular communication with probation officers and demonstrating compliance with all requirements can work in favor of regaining trust and leniency.

Frequently Asked Questions (FAQs)

What are the penalties for failing a breath test on probation in Texas?

The penalties for failing a breath test on probation in Texas can include revocation of probation, incarceration, fines, and extended probation terms.

Can I challenge the results of a breath test?

Yes, individuals have the right to challenge the results of a breath test by requesting a retest and seeking legal representation.

Will failing a breath test affect my future probation terms?

Failing a breath test can impact future probation terms, potentially leading to more stringent supervision or extended probationary periods.

How can I mitigate the consequences of failing a breath test on probation?

Mitigating the consequences of failing a breath test involves seeking legal representation, complying with probation terms, and demonstrating commitment to rehabilitation.

Is rehabilitation an option after failing a breath test on probation?

Yes, seeking rehabilitation through substance abuse treatment programs can demonstrate a proactive approach towards addressing underlying issues and maintaining sobriety.

What steps should I take immediately after failing a breath test on probation?

Immediately after failing a breath test, it’s essential to seek legal guidance, adhere to probation terms, and consider enrolling in rehabilitation programs to mitigate the consequences.


Failing a breath test on probation in Texas carries significant legal and personal ramifications. Understanding the consequences and available options is crucial for individuals facing this situation. By seeking legal representation, complying with probation terms, and demonstrating commitment to rehabilitation, individuals can navigate the challenges and work towards a positive outcome.

Defend Your Rights with Austin’s Premier Criminal Defense Attorneys

If you are facing legal issues, our experienced criminal defense attorneys at Austin Criminal Defense Attorney are here to fight for your rights and your freedom. We can help you navigate the complexities of your case and develop a defense strategy tailored to your needs. Contact us today at [email protected] for a confidential consultation and take the first step toward securing your future.

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