My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer stated that he stopped my client because he said that my client fit the description of someone reported as causing a disturbance.
My client REFUSED TO PROVIDE A BREATH TEST. It wasnâ€™t his first arrest for DWI. The Officer stated that my client had a strong odor of alcohol on his breath and had bloodshot, glassy and watery eyes. He also stated that my client spoke with slurred speech.
My client did the Standardized Field Sobriety Tests (SFSTs). He stated that he didnâ€™t know he 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 5 of the 8 clues of intoxication on the Walk & Turn test. The Officer said that my client refused to perform 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.