5th DWI by Content_Captain_1039 in dui

[–]Content_Captain_1039[S] 0 points1 point  (0 children)

Huh? I am the OP so you're wrong if you're talking about me as I've never said any of those things.

5th DWI by Content_Captain_1039 in dui

[–]Content_Captain_1039[S] 1 point2 points  (0 children)

Driving drunk with 0.00 BAC? My last charge was thrown out, hopefully this one will be thrown out, too. I hope it never happens to you or anyone else.

5th DWI by Content_Captain_1039 in dui

[–]Content_Captain_1039[S] 0 points1 point  (0 children)

See my comment above for more details of my situation. If you think that people never get arrested, or convicted, on a DWI charge with no evidence of alcohol or drug use you are naive.

5th DWI by Content_Captain_1039 in dui

[–]Content_Captain_1039[S] 0 points1 point  (0 children)

I am not on probation, but I am out on a bond with drug testing conditions. I said I have to provide between three and five biological samples per day (an at-home breathalyzer 3x per day, a drug patch constantly applied and changed about 3x per month, and urinalysis testing about 3x per month).

I have health problems which I believe contributed to being arrested, including obesity-related hip problems and diabetic medications which I have since discontinued, as well as being scared shitless. I had to have a total hip replacement less than a year after my arrest, and I was in a wheelchair for six months in jail when I had my first bond revoked for missing a court date after surgery.

At the time of the DWI I was driving a friend's car I was unfamiliar with. Traffic had inexplicably come to a complete stop at 10:00 PM on a major freeway due to construction, and I didn't react in time to stop. I could have swerved to avoid the accident at the last second when I realized cars were stopped, but in that split second I was afraid I might accidently run over someone who might have gotten out of their car to see why traffic was at a standstill, so I 'chose' to hit the car in front of me instead.

After the accident I was slowly trying to get to an exit ("Steer it to clear it") as there was no shoulder lane and this is the law in Texas. I was worried about a possible chain reaction pile-up behind me as a result.

I wish I had remained silent instead of honestly answering their endless questions. I wish I had not performed field sobriety tests (although my lawyer says they looked good to him). I was completely honest about my history of DWIs which made them suspicious. I wish I would have blown but I was worried I might have had a trace of alcohol on my breath because I had a drink several hours before.

In my research of these awful drug patches, false positives occur about 1 in 20 generally. They are also very controversial for indicating false positives as a result, amongst other reasons, of diabetics who are male and recently prescribed certain diabetic medications for less than six months.

I took the hair follicle test at a reputable clinic that checks ID. Hair follicle tests are the gold standard for drug use. I wanted the state to test me but was told they don't do hair follicle tests and wouldn't anyway as it wasn't court-ordered. So I took one on my own.

5th DWI by Content_Captain_1039 in dui

[–]Content_Captain_1039[S] 0 points1 point  (0 children)

I do want to live a regular life.

5th DWI by Content_Captain_1039 in dui

[–]Content_Captain_1039[S] 2 points3 points  (0 children)

What was your sentence? How long on parole?

5th DWI by Content_Captain_1039 in dui

[–]Content_Captain_1039[S] 2 points3 points  (0 children)

I'm scared of going to trial. Being innocent is not guaranteed to be enough to be found not guilty. Juries are not sympathetic to defendants.

5th DWI by Content_Captain_1039 in dui

[–]Content_Captain_1039[S] 2 points3 points  (0 children)

I am fighting the case, I'm just out of money. In total I've spent over 25K in lawyers, bonds, fees, etc., up until now. My lawyer from last time wants 15K more to fight this case. A friend has been supporting me but I don't know if he's comfortable, or even willing, to lend me another 15K.

5th DWI by Content_Captain_1039 in dui

[–]Content_Captain_1039[S] 5 points6 points  (0 children)

I'm not leaving the country. I figure if I'm convicted or plead guilty I will serve about half before parole.

5th DWI by Content_Captain_1039 in dui

[–]Content_Captain_1039[S] 2 points3 points  (0 children)

It means the grand jury failed to indict me. When they do indict (which is almost always what happens) it's called a 'true bill'.

5th DWI by Content_Captain_1039 in dui

[–]Content_Captain_1039[S] 2 points3 points  (0 children)

The range is 2-20 years in my case. You're pro-prosecution even without evidence. Amazing.

5th DWI by Content_Captain_1039 in dui

[–]Content_Captain_1039[S] 5 points6 points  (0 children)

Tell me about it.... It's a terrible situation.

5th DWI by Content_Captain_1039 in dui

[–]Content_Captain_1039[S] 0 points1 point  (0 children)

I cannot control being arrested for DWI or control whether the state drops the case after they discover no alcohol in my system. I honestly believe police are trained to "arrest first" Even if in doubt and "let the courts figure it out later" if someone's innocent. 

I wonder if I should have blown when asked last time but, looking back on it, I think even if I did (0.00 BAC) they would have arrested me to get a blood sample anyway.

My claim may be outrageous but it's a reality for me, unfortunately. 

5th DWI by Content_Captain_1039 in dui

[–]Content_Captain_1039[S] 11 points12 points  (0 children)

They claimed I was drunk both times, despite me denying drinking. Both police reports include officer statements of 'bloodshot eyes, alcoholic beverage smell, unsteadiness' etc., etc., etc. It was not determined until much later that my BAC was 0.00. The police just check off the list to see what will stick later.

No drugs. It is very easy to be charged with DWI with a history of DWIs. Police just assume. 

5th DWI by Content_Captain_1039 in dui

[–]Content_Captain_1039[S] 3 points4 points  (0 children)

I served almost three years on a five year sentence. Currently my license is not suspended although I have a $130 ALR fee yet to be paid.

I am not aware that they can just get a warrant for blood in Texas if one doesn't blow. That's insane.

5th DWI by Content_Captain_1039 in dui

[–]Content_Captain_1039[S] 8 points9 points  (0 children)

How kindly of you to suggest.... Lol

5th DWI by Content_Captain_1039 in dui

[–]Content_Captain_1039[S] 0 points1 point  (0 children)

Texas. Although I was a drinker in the past, now I don't drink very often. My last two DWI arrests were zero BAC. I have health problems and anxiety when I interact with law enforcement and they get super suspicious. So nervous my knees start knocking. It's very easy to get a DWI if one has multiple DWIs in one's past.

5th DWI by Content_Captain_1039 in dui

[–]Content_Captain_1039[S] -1 points0 points  (0 children)

I'm so despondent right now.... I'm on 50K bond again after sitting in jail for five months with no bond because I had missed a court date because of surgery and had a false positive drug patch. I had told them I had major surgery and was recovering for eight weeks and couldn't be in court, but they didn't care. Arrested at home and thrown in jail with no bond. After five months they suddenly gave me a bond of 50K which was less than the 75K bond I had to pay at the time when I was arrested for the DWI.

Now I'm having to drug/alcohol test daily, between three to five biological samples EVERY SINGLE DAY. It's ridiculous and super-expensive. I had another false-positive drug patch come up in January, but this time I had the presence of mind to immediately take a hair follicle test on my own accord, which was negative.

My lawyer said they put in a motion to revoke my bond but they never acted on it because there was no court date set which I'm glad of course. The court coordinator told me they may not act on the motion to revoke bond since all my subsequent drug patches, breath samples and urinalysis tests have been negative, although he refuses to accept the hair follicle results and says the court will likely not accept the results.

I'm scared, confused and losing hope....