My client walked up to an Austin police officer who was investigating my clientâ€™s son for DWI. She was arrested in Austin, Texas for DWI by the Austin Police Department.
My client REFUSED THE BREATH TEST, but she did do the standardized Field Sobriety Tests (SFSTs).
The officer reported that my client had a strong odor of alcohol coming from her breath. The officer reported that she had bloodshot and watery 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 4 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 her foot down 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.