My client was arrested for DWI in Austin, Texas by an officer with the University of Texas Police Department. The officer stopped my client for backing into a gas pump at a gas station and driving away without checking for damage. The officer noted that my client emitted an odor of alcohol from his breath, had bloodshot, eyes and very poor balance.
My client REFUSED THE BREATH TEST, but performed the Standardized Field Sobriety Tests (SFSTs), which he was unaware he could refuse. The officer reported that my client displayed all 6 of the possible clues of intoxication on the HGN (eye jerking) test. The officer stated that my client could not maintain his balance and began the test before instructed on the Walk & Turn test. The officer also stated that my client swayed, used his arms to balance, hopped and put his foot down during the One Leg Stand test.
We appealed the so called â€œautomaticâ€ suspension of my clientâ€™s driverâ€™s license. We filed discovery requests and subpoenaed all officers involved to justify the arrest and the suspension. At the Hearing, DPS realized they were not going to be able to prove all the elements necessary to suspend my clientâ€™s license. DPS agreed to dismiss the Suspension Case and my clientâ€™s LICENSE WAS NOT SUSPENDED.