Austin Texas Drunk Driving Defense, Ken Gibson, Attorney at Law

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer came in contact with my client because he was involved in a collision. The officer reported that my client had a strong odor of alcohol coming from his breath and bloodshot and glassy eyes. The officer also reported that my client slurred his words.

My client REFUSED THE PROVIDED A BREATH TEST. My client also Refused the Standardized Field Sobriety Tests (SFSTs).

We appealed the so called “automatic” suspension of his driver’s license. We filed discovery requests and subpoenaed all the officers involved to justify our client’s arrest and the suspension.

We argued to the ALR judge that DPS couldn’t prove all the necessary elements necessary to suspend my client’s license. The judge ruled that we were correct and denied DPS’ request to suspend my client’s license. His LICENSE WAS NOT SUSPENDED.

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer reported that my client was stopped because he ran a red light.

My client REFUSED THE BREATH TEST, but he did do the Standardized Field Sobriety Tests (SFSTs).

The officer reported that my client had an odor of alcohol coming from his breath and his eyes were glassy. The officer reported that my client had slurred speech. The officer said my client exhibited 6 clues of intoxication on the HGN (eye jerking) test. The officer said that my client exhibited 2 clues of intoxication on the Walk & Turn test. The officer said that my client swayed on the One Leg Stand test.

We took the case to court and let the State know we were going to fight the case. Eventually, the prosecutor agreed to DISMISS THE DWI and my client plead to a Non-DWI offense with a small fine. This was a particularly good win, because this was my client’s 2nd DWI, which upon conviction, would require mandatory jail time.

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer reported that my client was stopped because he was driving without his headlights.

My client REFUSED THE BREATH TEST, but he did do the standardized Field Sobriety Tests (SFSTs).

The officer reported that my client had a strong odor of alcohol coming from his breath and his eyes were bloodshot and glassy. The officer said my client exhibited 6 clues of intoxication on the HGN (eye jerking) test. The officer said that my client exhibited 4 of the 8 clues of intoxication on the Walk & Turn test. The officer said that my client swayed, used his arms for balance and put his foot down on the One Leg Stand test.

We took the case to court and let the State know we were going to fight the case. Eventually, the prosecutor agreed to DISMISS THE DWI and my client plead to a Non-DWI offense with a small fine.

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer reported that my client was stopped because she was speeding and failed to use her turn signal.

My client PROVIDED A BLOOD TEST, and performed the standardized Field Sobriety Tests (SFSTs).

The officer reported that my client had an odor of alcohol coming from her breath and her eyes were watery and glassy. The officer said my client exhibited 6 clues of intoxication on the HGN (eye jerking) test. The officer said that my client exhibited 5 of the 8 clues of intoxication on the Walk & Turn test. The officer said that my client swayed, used her arms for balance and put her foot down on the One Leg Stand test.

We took the case to court and let the State know we were going to fight the case. Eventually, the prosecutor agreed to DISMISS THE DWI and my client plead to a Non-DWI charge with a small fine.

To keep convicts sober, judges use technology and special courts .

As the holidays approached, folks in Dallas district Judge Vickers Cunningham’s office last year figured at least a few convicted drunken drivers on probation would fall off the wagon.

Stone-cold sobriety is typically a condition of a defendant’s probation. Yet it’s always been hard to hold defendants to that condition because the body metabolizes alcohol much quicker than drugs, making random urine tests practically useless.

But last year, Judge Cunningham started using a new tool to combat and monitor the drinking problem of probationers: the Secure Continuous Remote Alcohol Monitor (SCRAM), an ankle bracelet that detects alcohol consumption. Read the rest of this entry »

Starting at 12:01 a.m. Wednesday, Nov. 23, the Department of Public Safety in Rosenberg will participate in Operation CARE (Combined Accident Reduction Effort), a nationwide effort to reduce fatalities during the holiday season.

DPS troopers, along with other state agencies, will be on the lookout this holiday weekend for seatbelt violators, speeders and drunk drivers.

“We’re now entering that time of year where more drivers are on the road,” said Senior Trooper Gary Pflughaupt. “Many people will not be wearing their seatbelts, and some drivers will be impaired. DPS will have all available troopers out on the road during the Thanksgiving holiday.”

Operation CARE will be in effect for five days, starting Wednesday morning and concluding at midnight Sunday, Nov. 27.

Pflughaupt said the purpose of Operation CARE is to help make the public aware of the penalties for driving recklessly in Texas.

Click here for the full story as reported in the Fort Bend Herald.

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer stopped my client because he was involved in a collision where he actually hit a pedestrian. The officer reported that my client had a strong odor of alcohol coming from his breath and bloodshot and glassy eyes.

My client REFUSED TO PROVIDE A BREATH TEST. He did, however, do the Standardized Field Sobriety Tests (SFSTs). My client didn’t know he could refuse the tests. The Officer said my client exhibited all 6 clues of intoxication on the HGN (eye jerking) test. The Officer said that my client displayed 8 of the 8 clues of intoxication on the Walk & Turn test. The Officer said that my client swayed, used his arms for balance and put his foot down numerous times on the One Leg Stand test.

We appealed the so called “automatic” suspension of his driver’s license. We filed discovery requests and subpoenaed all the officers involved to justify our client’s arrest and the suspension.

We argued to the ALR judge that DPS couldn’t prove all the necessary elements necessary to suspend my client’s license. The judge ruled that we were correct and denied DPS’ request to suspend my client’s license. His LICENSE WAS NOT SUSPENDED.

My client was arrested for DWI in Cedar Park, Texas by an officer with the Cedar Park Police Department. The officer stopped my client because a witness said she was weaving all over the road and the officer stated that my client’s car had damage to the front end, indicating she had been in an accident. The officer reported that my client had a strong odor of alcohol coming from her breath, bloodshot eyes and slurred speech.

My client PROVIDED A BREATH TEST. My client didn’t know she could refuse the tests. She provided two breath specimens with a reported BAC of .161 and .161.

My client also did the Standardized Field Sobriety Tests (SFSTs). The Officer said my client exhibited all 6 clues of intoxication on the HGN (eye jerking) test. The Officer said that my client displayed 5 of the 8 clues of intoxication on the Walk & Turn test. The Officer said that my client swayed, used her arms for balance and put his foot down numerous times on the One Leg Stand test.

We appealed the so called “automatic” suspension of her driver’s license. We filed discovery requests and subpoenaed all the officers involved to justify our client’s arrest and the suspension.

We argued to the ALR judge that DPS couldn’t prove all the necessary elements necessary to suspend my client’s license. The judge ruled that we were correct and denied DPS’ request to suspend my client’s license. Her LICENSE WAS NOT SUSPENDED.

My client was arrested for DWI in Georgetown, Williamson County, Texas by an officer with the Georgetown Police Department. The officer reported that my client was stopped because he was weaving as he drove down the highway.

My client PROVIDED A BREATH TEST. My client didn’t know he could refuse the tests. He provided two breath specimens with a reported BAC of .131 and .139. The officer reported that my client had a strong odor of alcohol coming from his breath and his eyes were bloodshot and glassy.

My client also did the FIELD SOBRIETY TESTS (SFSTs). The Officer said my client exhibited all 6 clues of intoxication on the HGN (eye jerking) test. The Officer said that my client displayed 3 of the 8 clues of intoxication on the Walk & Turn test. The Officer said that my client was not able to hold his foot up for the requested length of time on the One Leg Stand test.

We took the case to court and let the State know we were going to fight the case. Eventually, the prosecutor agreed to DISMISS THE DWI and my client plead to a non-DWI charge with a small fine. We were also able to keep his driver’s license from being suspended in the ALR process.

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer made contact with my client because he said she was stalled at an intersection and had a cracked windshield. The officer stated that he stopped her because he was concerned for her well being. The officer reported that my client had a strong odor of alcohol coming from her breath and bloodshot and glassy eyes. The officer also said that when she spoke her speech was slurred.

My client REFUSED THE BREATH TEST. My client did the Standardized Field Sobriety Tests (SFSTs). She said she didn’t know she could refuse them. The Officer said my client exhibited all 6 clues of intoxication on the HGN (eye jerking) test. The Officer said that my client displayed 7 of the 8 clues of intoxication on the Walk & Turn test. The Officer said that my client swayed and put her foot down on the One Leg Stand test.

We appealed the so called “automatic” suspension of her driver’s license.

We filed discovery requests and subpoenaed all the officers involved to justify our client’s arrest and the suspension. We argued to the ALR judge that DPS couldn’t prove the officer had resonable suspicion to stop my client and therefore, couldn’t satisfy all the necessary elements necessary to suspend my client’s license. The judge ruled that we were correct and denied DPS’ request to suspend my client’s license. Her LICENSE WAS NOT SUSPENDED.