I've been on probation for 7 and a half of my 10 year sentence and I just got hit with a dwi charge, so obviously I'm facing revocation. I wasn't drinking but I was taking meds I had a prescription for. Somas. What is the most likely course of action/consequences they will give me? Court on Monday, please. I want to know the best and worst outcomes, and those between if they sound likely.

Was a breathalyzer test taken ? Were you proven to be DUI ? What are 'somas'?

Tick

No breathalyzer. They took a blood test, I had no problem with that. But of course blood work isn't back yet and court is a few days away. I actually pulled over and passed out in the car before I could call my wife about my problem, just 4 houses away from my house... really lame on my part

Also - somas are just muscle relaxers. And I haven't been convicted of the dwi yet.

If the blood test is not back yet??
Hard to understand since you get that about 10 min after it is done ( at least in our police department)

But your attorney will merely ask for the case to be continued awaiting on evidence or your attorney asks for the case to be dismissed since they DA can not prove anything without evidence.

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Originally Posted by tickle

Was a breathalyzer test taken ? Were you proven to be DUI ? What are 'somas'?

tick

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Somas? Carisoprodol, muscle relaxants. Very common drug of abuse, very popular street drug in my area, often taken with Lortabs for a faster high.

Here's a site for you to read: Carisoprodol - AOL Health.

You can find more info by googling "soma" or "somas."

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Originally Posted by turbodan

was taking meds i had a prescription for. somas. please. i want to know the best and worst outcomes, and those inbetween if they sound likely.

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Hello t:

Taking meds, even if they were prescribed, is a violation if you didn't have permission from your PO to take them. I'll bet the ranch that you didn't. So that, in and of itself, is a violation. Then you got the DWI.

Your violation for THAT, however, is going to be based upon what you're convicted of. So, if you can get it reduced to reckless driving or something like that, you'll be MUCH better off. It'll take a lawyer in any case. You DO have a lawyer, don't you?

The good news is that you've got lots of years on probation with NO problems. If you can get it reduced, and/or if you had permission to take the drugs, and given your PO record, you COULD get reinstated, or you could get some months in the slam.

Lots of this depends of lots of factors that I don't have.

excon

Okay, the blood work was done at the hospital and they say they're sending it to austin to be analyzed. I do have a lawyer for the dwi, but not for the motion to revoke. I take somas, but do not abuse them! They genuinely help my back after 12 hour days leaning over welding. But from this case I found out I can't mix them with methadone. I used to be addicted to lorcet and trying to get off so YES. My PO does know that I take RX meds and they never give me or any other people problems in my county in tx. I feel like I have a chance to beat the DWI since I was parked on the side of the road. But a preponderance of the evidence hearing could ruin everything for me. And I just need to know what to expect in this really mixed up situation. Thanks for all your remarks guys. I want to hear the good and the bad.

Can't address anything but NY but here (in NY) if you are alone in the car OR in a car and behind the wheel, parked, stopped, pulled over, and you test positive for drugs and/or blow above the limit, you are charged.

You do NOT have to be driving. My sister was sleeping in the back seat, over the limit, alone in her car - and the ticket stuck.

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but a preponderance of the evidence hearing could ruin everything for me

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A "preponderance of the evidence" is the standard for civil liability. A criminal conviction requires guilt "beyond a reasonable doubt", which is a much stronger burden of proof and that's what applies to your situation. I'm not trying to give you false hope or detract from what the others have said, but be careful not to confuse the two.

Well "pote" hearings are not as easy to overcome as regular trial. They just need what they consider "sufficent" basically. I just never had to go through one personally and I don't know what they're bringing to to the table in terms of sentencing. I failed to mention that the police slammed me to the ground and held me there with their knee in my back for a few minutes while I put up no struggle, hollering in pain as the standby officer mocked me. A state trooper finally showed up and had to command him to get off me, and everything was of camera. That's why Im worried they may try to put it to me away to cover that up and make me look completely guilty.