DWI Dismissed
My client was arrested for DWI in Austin, Texas by a trooper with the Texas Department of Public Safety. The officer stopped him because he was speeding, 75 in a 60 mile per hour zone. Upon contact, the officer saw my client with an open container in the car.
The officer reported that my client had a strong odor of alcohol coming from his breath and bloodshot, watery and glassy eyes. The Officer said my client exhibited all 6 clues of intoxication on the HGN (eye jerking) test. The Officer said that my client displayed 6 of the 8 clues of intoxication on the Walk & Turn test. The Officer said that my client swayed, used his arms for balance on the One Leg Stand test.
This was my client’s 2nd DWI, with a prior in 2003. Since I didn’t represent him on his prior, he was not aware that he had a right to refuse a breath sample and PROVIDED A BREATH SAMPLE. He provided two breath specimens with a reported BAC of .186 and .187.
Instead of just pleading guilty, as many lawyers would have advised, we took the case to court and let the State know we were going to fight the case. Eventually, the prosecutor agreed to outright DISMISS THE DWI.
I am proud to also report that we kept his license from being suspended in the ALR process as well. This was particularly important for him, because since it would have been his second ALR suspension, it would have been for 2 years. Also, had he been convicted of the 2nd DWI, he would have faced mandatory jail time and a 1 year hard suspension where he COULD NOT get an Occupational License.