My client was arrested for BWI (boating while intoxicated) on Lake Travis by an officer with the Texas Parks and Wildlife Department. The officer reported that my client was operating his boat at night without the requisite navigational lights.
My client REFUSED THE BREATH TEST, but did do the water sobriety (a condensed version of the SFSTs) and Standardized Field Sobriety Tests (SFSTs), which he was unaware that he could refuse.
The officer reported that my client had an odor of alcohol coming from his breath, that his eyes were bloodshot and watery, and that his attitude was combative. The officer stated, and the video confirmed, that my client failed twice to correctly recite the alphabet. The officer said my client showed all six clues on the HGN (eye jerking) test. The officer said that my client could not keep his balance during the instructions, failed to touch heel to toe, and stepped off line twice during the Walk & Turn test. The officer stated that my client refused to follow instructions during the One Leg Stand test.
We took the case to court and let the State know that we were going to fight the case. Eventually the prosecutor agreed to DISMISS THE BWI and pay a small fine for the navigational light violation. This will allow my client to have the BWI erased from his record, and deny that he was ever arrested for BWI.