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 was speeding, 46/35.
My client REFUSED THE BREATH TEST, but he did do the standardized Field Sobriety Tests (SFSTs).
The officer reported that my client had a strong odor of alcohol coming from his breath and his eyes were bloodshot, watery and glassy. The officer said my client exhibited 6 clues of intoxication on the HGN (eye jerking) test. The officer said that my client exhibited 3 of the 8 clues of intoxication on the Walk & Turn test. The officer said that my client swayed, hopped, and used his arms for balance 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 plead to a Non-DWI offense with a small fine.