My client was arrested for a DWI in Austin, Texas by an officer with the Austin Police Department. The officer reported that my client was stopped because he had a defective tail 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 bloodshot. The officer said my client exhibited 4 clues of intoxication on the HGN (eye jerking) test. The officer said that my client exhibited only 2 clues of intoxication on the Walk & Turn test. The officer said that my client used his arms for balance and put his foot down on the One Leg Stand test. It should be noted that my client also had high blood pressure, because we convinced the prosecutor that it was the high blood pressure that caused him to have balance problems, not the alcohol that he drank.
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.