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I have recently been charged with DWI in Williamson Cty. Tx. notorious for being the toughest on enforcing the penalties for even 1st time offenders and handing down extremely harsh punishment. I did not participate in either field sobriety test or BAC. I have no prior record, I am a divorced 44 yr old disabled father of three whom are receiving C.S. payments through my disability as I currently for the past 4-5 years. ( mental issues as well a chronic pancreatitus). am unemployed. My lawyer is attempting to have me approved for a program known as PTI (pre trial intervention) where by participating in a supervised program consisting of a variety of alcohol diverson classes as well as MADD aproved course and a variety of requirements geared towards keeping a first time offender out of the legal system and afforded an opportunity to have offense stricten from their criminal record. However the accused must be approved by the courts to be a viable canidate to participate in the program. Some requirements include no previous record of any kind at any age, as well as their appearance, attitude,acceptance of responsibility and waiving your rights and any information obtained during this process will be used against you should you fail the program and face original charges. I have been to multiple treatment centers over the last 9 years with little success but suffer from permanent physical damage due to alcohol abuse. Is it possible for the courts to access my health record/insurance records and discover my numerous attempts to overcome my addiction or am I legally able to ommit that information as it would be detramental to my application information which is used to evaluate and identify viable canidates? In addition doesnt the HIPPA law provide adequate protection of my health history?
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