My client was stopped for speeding, 110 miles per hour in a 60 mile per hour zone. He was arrested in Austin, Texas for DWI by the Austin Police Department.
My client REFUSED THE BREATH TEST, but he did do the standardized Field Sobriety Tests (SFSTs). 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 glassy 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. My client admitted to drinking 7 beers.
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.