My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer came in contact with my client because he was involved in a collision. The officer reported that my client had a strong odor of alcohol coming from his breath and bloodshot and glassy eyes. The officer also reported that my client slurred his words.
My client REFUSED THE PROVIDED A BREATH TEST. My client also Refused the Standardized Field Sobriety Tests (SFSTs).
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.