My boyfriend was arrested for a dwi while on parole (sept 18th.) Some information about him (that might help answer my question) He served 11yrs of a 25yr sentence. He did everything he was supposed to do (visit parole officer, kept job etc..) for 13 months. His sentence for the DWI was 30days. He was revoked. He is now in MIddleton since 12/6. My questions are: how long do you think he will have to serve? and When will he be iligible for parole again?
Thanks for any help that ya'll may have?
p.s. we're in texas

More information is needed to make a good estimate...what is the offense that he got the 25 years for, did he come out parole or mandatory supervision and has he been revoked before?

With 11 flat on a 25, he was technically eligible for parole the day that he got revoked and his file will be going back into review shortly. I would not want to make book on a favorable first vote however.

Depending on some of the other elements behind the revocation and when the revocation took place, there may be a basis for a motion to reconsider if it was truly only for a misdemeanor DWI. Howver, again, more information is needed to make that assessment.

He was serving a 25yr sentence for drugs. He came out on parole. It was his 4th prison term. This was his first revocation. I'm new to this..so let me know if you need more information.
thanks again

If he did 11 flat on 25 and came out parole, I would be interested in knowing what the disciplinary issues were...

Being the fourth time down, with a revocation, it would not be unusual to see him do at least three or four years. Even though the DWI was a misdemeanor, it demonstrates to the Board that he cannot stay away from injurious habits, and therefore is not going to be perceived as a good risk to be in the community.

ok...lets say they sentence him to 2-3yrs..then when he be up for parole again?..and when do they tell him his sentence?

Unless there is a new felony, there is not a new sentence to be factored in. With 11 flat on the 25, he is eligible as soon as the revocation was posted on the computer, but it is not realistic to expect that he would get a favorable vote for at least two or three reviews.

Unlike other states, Texas does not have a new charge tacked on for screwing up the supervision...you simply go back until you either reach a mandatory release date (for those with non-discretionary dates) or until the Board feels comfortable with placing someone back on supervision that has not put together a history that suggests they are a good risk.

CenTexLyn,

I have a question? My boyfriend was sentenced to three years for DWI in August and is currently in Gara West. He has already gone in front of the parole board twice. I was wondering just how long will it take for him to receive an answer on whether or not he will be paroled early. He went in front of the board in early November. This was his third DWI ( the last two where over 22 years ago) but after convicted he was told by the board that the other two won't count because they where so old. Do you think they will give him parole?:confused:

Michelle, I am confused by your statement of having gone before the Board twice. Do you mean he had two interviews with the Institutional Parole Officer? Most inmates in Texas will never see a Board member.

As to the "won't count" statement...that sounds like someone talking without the first clue of what the Board looks at. A felony is a felony, and if they counted for bringing the new offense conduct to the felony level, you can bet that they will factor into the Board decision in some manner.

Given the gap in time, I could easily envision that case being voted as an FI-3R since he has not been in custody for very long. The 3R recognizes that there are treatment issues of some sort and also increases percentage of time served.

Yes I meant he has had two interviews with the Institutional Parole Officers. When he was sentenced to three years the judge didn't say anything about him having to take any treatment classes. He has volunteered to attend AAA classes but Garza West doesn't have them since they are a transfer facility. Do you think there is a possibility that he may be granted parole the first time around?

Originally posted by tejada4ever
Yes I meant he has had two interviews with the Institutional Parole Officers.

Ok...big difference there...those are representatives of the Parole Division, not the Board of Pardons and Paroles. The second interview was probably because something was messed up in the paperwork. If he was interviewed in November, I would expect a vote from the Board sometime in January.


When he was sentenced to three years the judge didn't say anything about him having to take any treatment classes. He has volunteered to attend AAA classes but Garza West doesn't have them since they are a transfer facility. Do you think there is a possibility that he may be granted parole the first time around?

Judges do not really have a say in what conditions the Board might set for release. Any drug or alcohol related offense is usually going to have a programming component built into the release decision though.

Ordinarily I would not expect a first vote favorable vote on a DWI case, but since you said 22 years since the last one, that is why I indicated an FI-3R was a possibility, and such a vote would put him coming home probably around May. Keep in mind that this is only a guess based on the very limited information you offered in this thread...