My client lost control of her vehicle and collided with another vehicle. Fortunately, she was not seriously injured. She was arrested in Austin, Texas for DWI by the Austin Police Department.
My client REFUSED THE BREATH TEST, but she did do the standardized Field Sobriety Tests (SFSTs). The officer reported that my client had a strong odor of alcohol coming from her breath.
The officer reported that she had bloodshot, glassy and watery eyes. My client knew she had the right to REFUSE THE SFSTs. She exercised that right.
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 her ALR Hearing DISMISSED. This was an important win for our client, because this is her second DWI, she would have ended up with a 2 year suspension.