DWI Dismissed
My client was arrested for DWI in Austin by an officer with the Austin Police Department. The officer reported that my client stumbled across a police barricade and attempted to drive away in his vehicle against an officer’s warning.
My client provided a BREATH TEST with RESULTS above the legal limit of .080. My client also performed the Standardized Field Sobriety Tests (SFSTs). He was from New York, so he didn’t know he could refuse these.
The officer reported that my client emitted a strong odor of alcohol, had glassy and bloodshot eyes, and stumbled and swayed in his stance. The officer said my client possessed all of the 6 possible clues on the HGN (eye jerking) test. The officer also stated that he demonstrated 4 out of 8 clues on the Walk & Turn test, including: failing to touch heel to toe, losing balance during the instructions, turning improperly and using arms for balance. The officer further stated that my client swayed and used his arms for balance on the One Leg Stand test.
We took the case to court and let the State know that we were going to fight. Eventually the prosecutor agreed to DISMISS THE DWI, and my client pled to a non-DWI offense. This was particularly important for this client because he was a salesman in New York that frequently travels to Canada, something he couldn’t do with a DWI conviction.