DWI Dismissed
My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer stopped him because he was allegedly following a car too closely.
The officer reported that my client had a strong odor of alcohol coming from his breath and bloodshot and glassy eyes. My client didn’t know he could refuse the Field Sobriety Tests, so he did them. The Officer said my client exhibited all 6 clues of intoxication on the HGN (eye jerking) test. The Officer said that my client displayed 2 of the 8 clues of intoxication on the Walk & Turn test. The Officer said that my client swayed on the One Leg Stand test.
My client REFUSED A BREATH SAMPLE. He also admitted to taking Paxil and drinking 3 beers earlier in the evening. Instead of just pleading guilty, as many lawyers would have advised, we took the case to court and let the State know we were going to fight the case.
We fought the probable cause for the stop. Knowing they had a weak case, the prosecutor agreed to DISMISS THE DWI with the understanding that if my client stayed out of trouble for a year and did a little volunteer work, they would agree not to pursue any future action. The wonderful thing about this is that it will allow us to file a Petition to have all my client’s arrest records destroyed.