My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer stated that he found my client passed out behind the wheel of his car.
My client PROVIDED A BREATH TEST. My client didnâ€™t know he could refuse the tests. The officer reported that my client had a strong odor of alcohol coming from his breath and bloodshot and glassy eyes. He provided two breath specimens with a reported BAC of .189 and .194.
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 his arms for balance and put his foot down 9 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.