DWI Dismissed

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 she was speeding. The officer reported that she was going 51 in a 34 mile per hour zone.

My client REFUSED THE BREATH TEST, but she did the Standardized Field Sobriety Tests (SFSTs). She stated that she didn’t know she could refuse them.

The officer reported that my client had a strong odor of alcohol coming from her breath and her eyes were bloodshot. The officer said my client spoke with slurred speech. The officer said my client exhibited 6 clues of intoxication on the HGN (eye jerking) test. The officer said that my client lost her balance during instruction, began before being instructed, failed to touch heel to toe, stepped off the line, and used her arms for balance on the Walk & Turn test. The officer said that my client exhibited 32clues 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 plead to a Non-DWI charge with a small fine. We were also able to get deferred adjudication on the charge. What this means is that, with a few exceptions, we will be able to “Seal” the entire incident from future employers. This win was especially nice since there were immigration issued involved.

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