My client was arrested for DWI in Cedar Park, Texas by an officer with the Cedar Park Police Department. The officer stopped my client because a witness said she was weaving all over the road and the officer stated that my clientâ€™s car had damage to the front end, indicating she had been in an accident. The officer reported that my client had a strong odor of alcohol coming from her breath, bloodshot eyes and slurred speech.
My client PROVIDED A BREATH TEST. My client didnâ€™t know she could refuse the tests. She provided two breath specimens with a reported BAC of .161 and .161.
My client also did the Standardized Field Sobriety Tests (SFSTs). 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, used her arms for balance and put his foot down numerous times 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 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.