Driving While Intoxicated – DL Hearing DISMISSED
My client was arrested for DWI in Austin, Texas by a Trooper with the Texas Department of Public Safety. The Trooper stated that he stooped my client because he failed to signal a lane change which nearly caused a collision with another vehicle.
My client REFUSED TO PROVIDE A BREATH TEST. The Trooper reported that my client had a strong odor of alcohol coming from his breath and glassy eyes.
My client also did the Standardized Field Sobriety Tests (SFSTs). My client didn’t know he could refuse the tests. The Trooper said my client exhibited all 6 clues of intoxication on the HGN (eye jerking) test. The Trooper said that my client displayed 5 of the 8 clues of intoxication on the Walk & Turn test. The Trooper said that my client swayed and put his foot down numerous 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 Troopers involved to justify our client’s arrest and the suspension. At the Hearing, DPS realized that they weren’t going to be able to prove all the necessary elements necessary to suspend my client’s license. DPS agreed to dismiss the Suspension Case. His LICENSE WAS NOT SUSPENDED.