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 said she was stalled at an intersection and had a cracked windshield. The officer stated that he stopped her because he was concerned for her well being. The officer reported that my client had a strong odor of alcohol coming from her breath and bloodshot and glassy eyes. The officer also said that when she spoke her speech was slurred.
My client REFUSED THE BREATH TEST. My client did the Standardized Field Sobriety Tests (SFSTs). She said she didn’t know she 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 and put her foot down on the One Leg Stand test.
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 the officer had resonable suspicion to stop my client and therefore, couldn’t satisfy 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.