My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer made contact with my client because he was involved in a collission. The officer reported that my client had a strong odor of alcohol coming from his breath and glassy eyes.
My client REFUSED THE BREATH TEST. My client did the Standardized Field Sobriety Tests (SFSTs). He said he didn’t know he could refuse them. The Officer said my client exhibited all 6 clues of intoxication on the HGN (eye jerking) test. The Officer said that my client displayed 7 of the 8 clues of intoxication on the Walk & Turn test. The Officer said that my client swayed, used his arms for balance and put his foot down 5 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 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. His LICENSE WAS NOT SUSPENDED.