My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer reported that my client was stopped because he ran a red light.
My client REFUSED THE BREATH TEST, but he did do the standardized Field Sobriety Tests (SFSTs).The officer reported that my client had an odor of alcohol coming from his breath and his eyes were glassy. The officer said my client exhibited 5 clues of intoxication on the HGN (eye jerking) test. The officer said that my client failed to touch heel to toe, turned improperly and stepped off the line on the Walk & Turn 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 plead to a Non-DWI offense ticket with a small fine. We were also able to get the Non-DWI case deferred, so after the deferral period, we will be able to have that record sealed.