stupid mistake (currently on probation and blew under the legal limit) PRO VIOLATION?

[cartman2083]

What is the name of your state? Tennessee

My name is Frank. I am currently on probation for a drug charge. Christmas I had 2 beers, a double shot of taquila, and two car bombs. I then went and at with him at waffle house. We then proceeded to a friends house. After about three hours of nothing to drink plus food i felt alright to drive. I was then pulled over for driving to fast ( not cited) and was given a field test.

I am a hefty guy with a messed up left shoulder. I can't walk a straight line anyway my thighs are to big and make me wobble. Also i did the finger to nose thing. I did my right fine but i could hardly even get my shoulder to my left nose but i did and touch my lip once. I did a few other test and he said i was border line. MAINLY i just didnt let him finish all of his instructions befor proceeding to do the tests. He then told me to call a family member to come pick me up and i did. My mother said she would and he said forget it i dont have that long to wait. She replied and told him i had family about three miles away and he said it didnt matter he wasted to much time with me already.

So he arrested me and about 30 min latter i blew a breathalyzer. It came up .07 and th legal limit being .08. What happens.

Also do you think my P.O. will violate me she loves me to death????????

please help Frank

 

[seniorjudge]

"Also do you think my P.O. will violate me she loves me to death????????"

Yes.

 

[cartman2083]

What will happen

Will the DWI be thrown out of cort or what. I know i did a stupid thing but i was under the legal limit. I blew .07 and the limit in .08.

 

[Alchohol_Free]

Most Likely

You'll most likely be violated because you have a prior drug offense. Alchohol and drugs are now considered the same thing. So, you're a repeat offender.

Your best card you can play is if you're in treatment and can get a good "progress" letter from your treatment director. That might help, but be prepared to do a few days in jail.

 

[topsites]

Will the DWI be thrown out of cort or what. I know i did a stupid thing but i was under the legal limit. I blew .07 and the limit in .08.

Well, I dunno, with a prior it could fall under the Zero Tolerance law which is .02, but not all states have this law and/or it may not apply.
Did the poss. charge suspend your license? If so, then it could be trouble. If not, you may stand a chance with the .07 / .08, but I recommend counsel.
Road sobriety test have failed totally sober people before, nevermind your shoulder. .07 / .08 ...
If you can, get an attorney. Before you do, talk with friends, see if they know someone. Far as the prob.viol... uhmmmm, you're not supposed to get in any trouble with the law. dunno ... i got a drunk in public once while on prob, the po never said anything to me about it, dunno ...

Good luck.

 

[seniorjudge]

You'll most likely be violated because you have a prior drug offense. Alchohol and drugs are now considered the same thing. So, you're a repeat offender.

Your best card you can play is if you're in treatment and can get a good "progress" letter from your treatment director. That might help, but be prepared to do a few days in jail.

Well, maybe so...but OP has already shown he does not intend to co-operate. He is just looking for a way out; he doesn't want to change his behavior.

His chances of success are slim to none....

 

[Alchohol_Free]

You violated your Probation

That's the bottom line.

Having been on probation myself, probation offered me the opportunity to get help for my alchohol problem as well and demonstrate that I take it seriously and intend to NEVER committ a DUI again.

Your treatment program, IF you took it seriously, will work for you. But, nobody can make you quit drinking. Whether your alchohol level was small or not is irrelevant.