My client lost control of his vehicle and collided with the front of a business. As a matter of fact, he went off the roadway, up onto the sidewalk, through a parking lot and through the glass storefront. 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 told me that he didn’t know he could refuse the SFSTs….Now he knows.
The officer reported that my client had a strong odor of alcohol coming from his breath. The officer reported that he had bloodshot, watery and glassy eyes. The officer said that my client’s speech was slurred when he spoke. 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 swayed, used his arms for balance and put his foot down 4 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 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.