Driving While Intoxicated – 2nd – DL Hearing DISMISSED
My client was arrested for a 2nd DWI within 5 years in Austin, Texas by an officer with the Austin Police Department. He was stopped for speeding and failing to maintain a single marked lane.
My client REFUSED THE BREATH TEST, but he did do the standardized Field Sobriety Tests (SFSTs). He told me that he didn’t know he could refuse the SFSTs….We didn’t represent him on his prior DWI.
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 were successful in keeping our client’s license from being suspended. We were able to get his ALR Hearing DISMISSED.
This was an important win for our client, because he is in sales and would have ended up with a 2 year suspension, and since it was a 2nd within 5 years, he would have not been able to get an Occupational License for the 1st 90 days of his suspension.