If a parolee that is in for DUI charges gets at Public Intoxication will they go back to prison

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Prisoner was in jail last for a parole violation that related to his last DUI. He got picked up for PI yesterday. I notified his PI this morning because he is dangerous. Will they arrest him?

Asked 10/9/2009 under DUI / DWI | 252 View(s) | More Legal Topics

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DUI / DWI Law Answers

Roy L. Reeves / Reeves Law Firm, P.C. Answered 2 years ago | Contributor This attorney is licensed in Texas

Parole like probation is a contract.  You have to keep in mind that parole and/or probation is not a right, it is a privilege and is controlled by the contract (parole/probation terms).  In order to answer your question an attorney would have to know the terms of the parole.  That said, "most" parole terms include broad terms like "commit no offense" and "avoid the use of intoxicants".  Assuming the subject of your inquest has such a term in his parole papers, he MAY be arrested.  Public Intoxication is a crime, but it is also a Class C (fine only) offense similar to a speeding ticket.  The Parole Officer over the case would likely have discretion to act on this and that discretion would be based on work loads, the previous acts of the Parolee (meeting all terms and conditions, showing up for meetings, attending AA/NA if required, etc.)

Reeves Law Firm, P.C.

www.planoattorney.net

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