LUFKIN, TX (KTRE) – A Lufkin man arrested for driving drunk with three kid in his vehicle will not have his probation revoked.
Gary Dwain Ivy, 46, was arrested in December and charged with driving while under the influence with a child passenger.
Ivy's attorney said the judge wants to get his client help instead of revoking his probation.
The probation revocation was not for the DWI Ivy received in December, but his lawyer said they were going to try to resolve everything Monday with a plea deal. However, the plan didn't happen.
Ivy has been ordered to take an evaluation to determine if he is eligible for rehab.
A state trooper pulled Ivy over for weaving in and out of lanes while driving northbound and speeding on U.S. 69, in the area of FM 326 at about 8:20 p.m.
Trooper Bryan Henry said he suspected Ivy was driving drunk and asked him to take a sobriety test and a blood test, but Ivy refused to do both, he said.
"He had all symptoms of being drunk," Henry said. "Slurred speech, red eyes and he smelled like it."
Henry said new laws allowed him to take Ivy to a Lufkin hospital for a mandatory blood test. Henry explained that certain exceptions keep him from getting a warrant. In this case, it was because Ivy was driving with child passengers, aged 5, 7 and 10.
Henry said Ivy agreed at the hospital to take the test, which he failed. Henry then took him to the Angelina County Jail.
Henry released the children to Ivy's sister at the scene of the traffic stop.