My client was stopped for speeding, 80 miles per hour in a 65 mile per hour zone. She was arrested in Austin, Texas for DWI by the Austin Police Department.
My client PROVIDED A BREATH TEST. My client stated that she didnâ€™t know she could refuse the tests. She provided two breath specimens with a reported BAC of .171 and .166.
My client also did the Standardized Field Sobriety Tests (SFSTs). Again, she didnâ€™t know she had the right to refuse them. The officer reported that my client had a strong odor of alcohol coming from her breath. The officer reported that she had bloodshot 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 5 of the 8 clues of intoxication on the Walk & Turn test. The Officer said that my client swayed and put her foot down 3 times on the One Leg Stand test.
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 her ALR Hearing DISMISSED.