My client was arrested for DWI in Travis County, Texas by a trooper with the Texas Highway Patrol. The officer made contact with my client because he said she ran into the back of a motorcycle and then drove into a ditch. The trooper reported that my client had a strong odor of alcohol coming from her breath and bloodshot glassy and watery eyes.
My client felt as if the trooper had made up his mind to arrest her regardless of how she did on the test, so she REFUSED THE FIELD TESTS. My client REFUSED A BREATH SAMPLE, as well. She did however admit to drinking 3 glasses of wine and 2 beers.
We appealed the so called “automatic” suspension of her driver’s license. We filed discovery requests and subpoenaed all the officers involved to justify our client’s arrest and the suspension. We argued to the ALR judge that DPS couldnâ€™t prove all the necessary elements necessary to suspend my clientâ€™s license. The judge ruled that we were correct and denied DPSâ€™ request to suspend my clientâ€™s license. Her LICENSE WAS NOT SUSPENDED.