I have been on Deferred Adjudication Probation (Adult Supervision) for 10 months. I was recently arrested for "DWI" on my Birthday (yes... my luck). Although I only had one shot and one drink (yes seriously), got lost in the area we were in was about to pull into a gas station to ask for directions because my phone's GPS was being screwy (cloudy weather). This arrest was in a different county than my original violation of Obstruction of Highway (the one I'm currently on probation for). I know I have to report this to my PO, but considering circumstances, are PO's allowed to make a judgement for themselves before filing a motion to revoke my probation and go for a max. sentence for my Obstruction of Highway charge. And more importantly (the thing freaking me out) is do I HAVE TO go to jail or turn myself in regardless. If I had an attorney would they be able to post a PR bond and I wouldn't have to go to jail. I'm just afraid of losing my job because research is showing that I can't have someone post bond for me because when I turn myself in or there is a warrant for my arrest after violating probation It will be bondless. Any information or examples of cases would help. Thank you for your responses!

Where?

You were DWI based on one shot and one drink - yes, seriously? I'd get an Attorney and argue that the Breathalyzer was faulty.

And I'd tell the PO before he/she finds out from the Police.

What is Obstruction of Highway? I work in the legal system and that's a new one on me!

If you only had one shot and one drink, there is no way you should be at a level to be DWI. So you need an attorney. Beyond that, you report to the PO, and fast, the longer you wait, the worst it is. Only a few areas allow bail for parole violation, so an attorney may get your hearing moved up faster if you are arrested.

I refused to do the sobriety test because the officer was already being a to me. I pretty much assumed no matter what he was going to take me in. I get really nervous around law enforcement just due to the way they've treated me before, just for a speeding ticket etc. So I politely refused the sobriety test and breathalyzer because to me those are just self-incriminating even after just one drink and shot. Shows something so it's evidence. I have a PO meeting in two days, I'm just going to tell him the honest truth then. This new arrest happened mid march. I already have an attorney for my DWI case, but does anyone know if I Have to hire another attorney for the probation violation. My current attorney said they would do something about it, he specializes in just DWI cases so I'm not sure how much experience they have on the matter. Either way my plan is to be upfront and honest. I hope I don't get arrested right then and there because I have finally found a job after searching for 8 months. I'm just extremely confused as to how this process works. Would I have to wait for the PO to file the motion and put the warrant out for my attorney to get something going. And then hopefully be able to turn myself in before I show up to a meeting just to get arrested. Just want to live my life now that I'm about of college and trying to get married and move on past all this. Texas and the law is making it really hard. Hadn't been out in months, hadn't even seen my friends but we all agreed to meet up for my birthday just to see each other for a bit. Great how things turn out when you have to spend your birthday in jail.

The obstruction of highway is for an original DWI charge, again my luck with cops. I turned the wrong way and went to correct myself right away. Got pulled over and immediately just blasted about turning the wrong way yadda yadda. He smelled alcohol and that was it for me. I did a sobriety test and he said he was still suspected I was drunk. My attorney kind of cornered me into taking a plea bargain for a refiled charge of Obstruction of Highway. Now I know that hiring a better attorney no matter the cost is WELL WORTH it. Paying more seems to equate to how much they put into your case. But I was a college kid, had to put everything on my credit card. Can't just throw 10k into something just like that.

Refusing to take the test can be good or bad, it will almost always get your license suspended or revoked. Which is of course admin from the state since refusal to take the test is a reason for this.

On the other hand, it may help you bet the DWI, esp if the officer is not certified in Field Sobierty testing. How well trained in DWI the officer is, can make or break that case. A very good DWI may get the stop reduced. Also there had to be a reason for the stop, they don't just random stop people unless this was a roadblock.

You may of course get the PO to not do anything till you are either found innocent or guilty.
Your lawyer needs to be working on that.

I see a whole list of excuses ranging from not drinking and testing over the limit, the Police picking on you (yadda, yadda, yadda), your Attorney "cornering" you into taking a plea bargain - being a college kid who didn't know any better. And 10k is a small amount of this is going to follow you around for the rest of your life and possibly keep you from getting a professional license.

The smartest Attorney in the World isn't going to get anywhere as long as you are blameless and the World is picking on you.

Have I ever mentioned that my father was killed by a drunk driver? As I recall that driver had 3 beers that night ("seriously," as you said) and couldn't figure out how/why he was DWI. He also was "picked on" by the Police in the past AND had incompetent representation in the past.

Yes, he was also one big victim.

So was my Dad.

Not trying to have people feel sorry for me or anything. Not trying to blame anyone. I just want to be able to do the right thing here in order to protect myself for my life. I didn't get put on this earth to spend it behind bars. I understand what I did. But each case is different. That is one big problem I see is that everyone is treated the same not on a case by case basis. So in all "seriousness" I'm trying to look out for myself. I don't want to be in jail while my younger brother is in the process of choosing his college and creating his life. I want to be able to help for that. My parents are getting old and want to retire and I want to help with household expenses. I am... well now WAS in the process of getting engaged and married and now this is a set back. So taking what I'm saying as "excuses" isn't what I'm saying. I posted on this forum to get feedback information wise. I'm not here to get judged. Texas has already taken care of that.

Not to mention I had that one shot and one drink at midnight on my birthday. Followed by a few glasses of water and left an hour later. I didn't "drink and drive" right away. I was looking out for myself and others. I know personal friends and family that have had lost ones to drunk driving.

If you only had one drink the test would have proved it, by refusing you give the impression that you are guilty. As a police officer I only lost one DUI test ( your DWI) I was fully trained in how to prove my case by what the person said, how they acted, and other signs. Showing they were not willing to work or take the test was always just further proof of their guilt.

The case started from the reason I pulled them over, there is a list of basic driving problems of drunk drivers, and if one of those were being done, that is point one. So this is what the officer who arrested you will be proving.

You will need the best attorney, and their best may be a plea agreement, that would include you losing your drivers license. I don't see anyway that you will have a drivers license after this is over.

Also even refusing to take the breath test may be enough to violate your probation, since you refused the request of a police officer and did not comply with an investigation.

So lose lose situation. And basically loss of rights when on probation. Just seems the law tells you you have the right to do this and that when in reality when you do this and that yourself incriminating.

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Originally Posted by orangevaderlego

Not to mention I had that one shot and one drink at midnight on my birthday. Followed by a few glasses of water and left an hour later. I didn't "drink and drive" right away. I was looking out for myself and others.

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Hello o:

I feel SOOO good knowing that you're looking out for me and my family.. I mean, really.. You waited a whole hour after getting buzzed... Those cops are screwed up.

excon

Quote:

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Originally Posted by excon

Hello o:

I feel SOOO good knowing that you're looking out for me and my family.. I mean, really.. You waited a whole hour after getting buzzed... Those cops are screwed up.

excon

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I wasn't buzzed?. The shot was a birthday cake tasting shot, the other was a light mixed drink. Anyway, like I said before I'm not posting on this forum to be judged. So no thanks on your input.

I am on deferred adjudication probation for a speeding ticket and i got a ticket for bad tags which i didn't even no because i just registerd my car at the dmv and they didn't say anthing i was wondering does that go against my probation.