Bexar County Commissioner Kevin Wolff, currently serving a year-long probation for driving while intoxicated, failed a court-ordered drug test in August and must resume monthly reporting, according to court documents.
Wolff, who represents Precinct 3 on the Commissioners Court, tested positive for alcohol and benzodiazepine, the latter of which he is prescribed, but he denied having consumed alcohol.
“I have done everything asked of me and will continue to do so,” Wolff stated in a text message to the Rivard Report on Wednesday. “I have not had a drink nor will I at least until my probation is over, and frankly don’t intend to ever.”
Wolff was arrested in July 2016 after rear-ending two vehicles at a Whataburger drive-thru on San Pedro Avenue and failing a field sobriety test. He later pleaded no contest to driving while intoxicated and agreed to one year of probation.
Wolff passed required urinalysis exams in April, May, and June and was reduced to making bi-monthly reports to a Community Supervision Officer, court documents stated. But he was put back on monthly reporting in October after the failed test, according to a Bexar County supplemental report on the case.
“This is a possible probation violation,” said Bexar County District Attorney Nico LaHood. “The probation department, and this is not completely unusual, they just filed the violation report with the judge.”
In addition to the monthly reporting, Wolff was required to use a portable alcohol monitoring device for six months as a condition of his probation. He has “not had any blow violations, but has had 24 skipped tests between” May and June 16, according to the supplemental report.
He was granted permission to travel during that time, but “was instructed to take the unit and continue compliance,” court documents state. “He claimed at some point it [the device] wouldn’t function properly.” Wolff is required to continue the breath tests through Jan. 2, 2018.
Wolff stated he believes the failed drug test from August is incorrect.
“The morning I took the [urinalysis] test, I also took a breathalyzer that was clear,” Wolff stated. “I was unable to leave a large enough sample and offered to come back the next day. The attendant said not to worry, we’ll see if this is enough to test.”
Despite disputing the result, Wolff stated he was told, “The test doesn’t lie.”
“There’s all kinds of things that can affect an exam,” LaHood said. “Synergistically, it depends on who’s testing the exam as well. Obviously, there’s been issues with testing companies in the past, and they’ve been rectified. We’re always open-minded to make sure that the exam is confirmed and that we get it right.”
Wolff stressed that the failed test has not resulted in an extension of his probation, which is scheduled to be completed on March 22, 2018.
He has completed all DWI classes and community service and paid required fees, according to the report. Wolff, a Republican, told the Rivard Report that he will continue to do as instructed during his probationary period.
“This is the life I choose, and though it means having anything and everything about me and my personal issues on display, I know that is the price I must pay to live the life I choose,” Wolff stated.