Asked 8/2/2016 – Silsbee, TX
I stopped to get gas, next thing I know a cop showed up behind me & said he got a call saying I was drunk, I explained I had diabetes & had too much sugar. He only performed 1 roadside test on me & said I was drunk & put me in his suv. He never did a blood or urine test on me, never did a breathalyzer or even read the form DIC-24 form to me in front of a video. He was only going to charge me with a PI, but my baby’s dad was mad he called him from work to come get my kids, so he told him to check the store video to catch me driving so he changed the charge to a dui then my ex kept calling the cop & got my charge changed to a dwi state felony for having kids under 15 in my blazer. I still have my license, being no test was ever done on me. What I don’t get is they charged me with having 1 kid. Almost 6mo.s later the DA takes it to a Grand Jury without me knowing (I highly believe that was the doing of my sons father) & they indict me with 2 counts for 2 of my kids. Why not all 3 of my kids, they are saying I’ll get arrested again and have to bond out again. How can they indict me with NO blood/urine test or breathalyzer? I have been railroaded the past 2yr.s because I stood my ground.
Answer
DWI cases were prosecuted long before breathalyzer or blood tests were available, so it is not mandatory that such test results be obtained before the State can proceed with a criminal charge. You are facing serious criminal charges. Retain an attorney and make sure your doctor gets involved in the process. A diabetic episode CAN mimic the symptoms of intoxication, but a police office, prosecutor or Judge will not just take your word about your medical condition. Focus on what you can handle and don’t worry about things beyond your control. You have no control over the nature of the charge against you; that decision is made by the prosecuting attorney, so don’t question that issue. You defend the charges pending against you. Same with the issue about your son’s father. Speculating about what input he had with the police is immaterial and just builds resentment. Concentrate on your defense.