Kevin Wolff’s DWI monitoring extended after failed drug test

Dashcam footage obtained by mySA.com from the San Antonio Police Department shows Bexar County Commissioner Kevin Wolff participating in a sobriety test on July 31, 2016. Wolff pleaded no contest to driving while intoxicated on March 22, 2017, and was given a year's probation. less Dashcam footage obtained by mySA.com from the San Antonio Police Department shows Bexar County Commissioner Kevin Wolff participating in a sobriety test on July 31, 2016. Wolff pleaded no contest to driving ... more Photo: San Antonio Police Department Photo: San Antonio Police Department Image 1 of / 26 Caption Close Kevin Wolff’s DWI monitoring extended after failed drug test 1 / 26 Back to Gallery

Bexar County Commissioner Kevin Wolff, on probation since March in a 2016 driving-while-intoxicated incident, will continue to be monitored after failing a court-ordered drug test.

Wolff recalled being surprised when his probation officer informed him of the positive test during an October meeting.

“I’ve done everything that’s been asked of me, and I have not been drinking and won’t,” he said. “I’ll continue to do what is asked of me.”

In March, the Republican pleaded no contest to a driving-while-intoxicated charge and accepted a year’s probation and a breath monitor, which was required to be used for six months.

RELATED: Video shows Kevin Wolff in underwear stumbling, falling over during Whataburger DWI arrest

A supplemental report issued to the court Monday by Wolff’s probation officer indicates that since his sentencing, Wolff “has not had any blow violations, but has had 24 skipped tests” between May 17 and June 17 of this year. He had been allowed by the court during that time to travel and had been told to take the portable alcohol monitoring device and “continue compliance,” though Wolff, at some point, said that the unit “wouldn’t function properly.”

Wolff’s drug tests in April, May and June tested negative; however, “he then tested positive for alcohol and benzodiazepine on his urinalysis in August,” the report states.

“The defendant has prescribed medication for his benzodiazepine and is under psychiatric care, but denied alcohol use when CSO (community supervision officer) confronted him about it at his October visit,” the report states.

Because he had completed his DWI classes, community services and paid his fees, Wolff had been placed on reporting every other month at the August visit, but when his urinalysis came back positive, he was placed back on monthly reporting, and use of the mobile testing unit was extended until Jan. 2, the report states.

Wolff said he’s not sure what led to the result, but he has an idea of what might have happened.

MORE: Kevin Wolff pleads 'no contest' to DWI charge

During his urinalysis test in August, Wolff said he had not produced enough of a sample to match the required amount. Wolff offered to retake the test the next day, but the attendant told him his first sample might work.

“I tell the guy, I guess I’ll come back tomorrow,” Wolff said. “And he goes, well, maybe this will test, let’s see. And so he sends it off. I don’t think anything of it.”

Two months later, Wolff said his probation officer informed him of the test result.

“She immediately tells me, you violated on your last urinalysis,” Wolff said. “And I’m like, ‘What are you talking about?’ She goes, ‘Yeah, your last urinalysis came back positive.’ I said that’s not possible. And she immediately got defensive and said, ‘Well, the test doesn’t lie.’”

Wolff said he was not happy that it took two months to hear about the positive test, which he’s never seen.

Bexar County District Attorney Nicholas “Nico” LaHood said Wolff could face jail time if it is determined that the failed test is considered a parole violation.

“Any defendant who violates the terms of their probation could have their probation revoked and they would have to serve their jail sentence,” LaHood stated in a text message. “Alternatively, the court could continue the defendant on probation and impose a jail sanction as a condition of continued probation.”

J. Charles Bunk, Wolff’s attorney, said if the allegation that his client was drinking is proven, “it could be a violation.” But he echoed Wolff’s denial, saying the commissioner did not consume alcohol in August.

Wolff said he’s unsure whether he can challenge the test results, but might consider doing so if it’s an option. According to Wolff, he passed his breath monitor test around 6 a.m. the day of the urinalysis test, then took the test a few hours later — a window during which it would make little sense to be drinking.

The commissioner said he’s never failed a breath monitoring test, which he’s required to take during designated windows three times a day, seven days a week. Many of the “skipped tests” in May and June resulted from a trip to China, Wolff said, where he and his wife, Sandi, visited their daughter for her 20th birthday. Wolff said the monitor failed to transmit his results, noting he was in remote areas of the country.

Wolff’s DWI troubles began on July 31, 2016, when he was arrested around 3 a.m. after twice rear-ending a car in a Whataburger drive-thru. He told authorities at the time that he drank cocktails made of vodka with peach tea, and also took three prescription drugs, including the sleep aid Ambien.

As part of the plea agreement, the DA’s Office lessened the charge from a Class A misdemeanor. Wolff was sentenced by County Court-at-law Judge Jason Garrahan to a 180-day jail term, which was probated for a year, and fined $650.

Serving as Precinct 3 commissioner since 2008, Wolff announced in early November he would not seek the U.S. District 21 seat being vacated by Rep. Lamar Smith, a seat he said he’d had his eye on for years.

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