My client was stopped for speeding, 73 miles per hour in a 55 mile per hour zone. He was arrested in Austin, Texas for DWI by the Austin Police Department.
My client PROVIDED A BREATH TEST. My client stated that he didnâ€™t know he could refuse the tests. He provided two breath specimens with a reported BAC of .098 and .095.
My client also did the Standardized Field Sobriety Tests (SFSTs). Again, he didnâ€™t know he had the right to refuse them.
The officer reported that my client had a strong odor of alcohol coming from his breath. The officer reported that he 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 used his arms for balance and put his 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 his ALR Hearing DISMISSED.