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 stopped my client because he saw her get out of her car and stumble into a convenience store. The officer reported that my client admitting to drinking 4 glasses of wine.

My client PROVIDED A BREATH TEST. My client didn’t know she could refuse the tests. The officer reported that my client had a strong odor of alcohol coming from her breath. She provided two breath specimens with a reported BAC of .176 and .177.

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 used her arms for balance and put her foot down four 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 Austin, Texas by an officer with the Austin Police Department. The officer stopped my client for having expired license plates and driving on the shoulder of the road. My client admitting to drinking 3 beers. The officer reported that my client had a strong odor of alcohol coming from his breath and bloodshot and watery eyes.

My client PROVIDED A BREATH TEST. My client didn’t know he could refuse the tests. The officer reported that my client had a strong odor of alcohol coming from his breath. He provided two breath specimens with a reported BAC of .202 and .198.

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 3 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.

The Travis County sheriff’s office is creating a traffic unit to increase their DWI arrests.

Sheriff Greg Hamilton said the unit, which will consist of four deputies, will have the sole task of finding and dealing with drunken drivers. It will operate from 6 p.m. to 4 a.m., and will focus on the eastern part of the county, where wrecks have increased significantly in recent years as the population has grown.

The DWI unit has three deputies and should add a fourth by Jan. 1, Hamilton said. He added that the unit is intended to work closely with the Texas Alcoholic Beverage Commission and the Texas Department of Public Safety. Read the rest of this entry »