My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer said he stopped her because she was weaving.
The officer reported that he detected an odor of alcohol from my client and had glassy and watery eyes. My client PROVIDED A BREATH SAMPLE. She provided two breath specimens with a reported BAC of .19 and .201. She REFUSED THE FIELD SOBRIETY TESTS. She stated that she didn’t know she could refuse the breath test. Her previous attorney never told her she could refuse. This was especially frustrating since this was not her first DWI.
We took the case to court and let the State know we were going to fight the case. After challenging the legal sufficiency of the stop, it was apparent that the Judge was going to grant our Motion to Suppress all the evidence. The prosecutor agreed to outright DISMISS THE DWI. (No probation, no fine, no community service)
The wonderful thing about this is that we will now file a motion to have all the arrest records destroyed. This will allow my client to legally deny that she was EVER arrested for this charge. Also, had she been convicted of the 2nd DWI, she would have faced mandatory jail time.