My client was arrested for DWI in Austin, Texas by a Trooper with the Texas Department of Public Safety. The Trooper reported that my client was stopped because he traveled at a high rate of speed right next to the stopped Trooper, when the Trooper had his overhead lights on.
My client REFUSED THE BREATH TEST, but he did do the standardized Field Sobriety Tests (SFSTs).
The Trooper reported that my client had an odor of alcohol coming from his breath and his eyes were glassy. The Trooper also stated that my client also slurred his words. The Trooper said my client exhibited 4 clues of intoxication on the HGN (eye jerking) test. The Trooper said that my client lost his balance during instruction, turned improperly and took the wrong number of steps on the Walk & Turn test. The Trooper said that my client exhibited 3 clues of intoxication on the One Leg Stand test.
We took the case to court and let the State know we were going to fight the case. Eventually, the prosecutor agreed to DISMISS THE DWI and my client pled to a traffic ticket with a small fine.