My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer reported that my client failed to signal when making a turn.
My client REFUSED THE BREATH TEST, but he did perform the Standardized Field Sobriety Tests (SFSTs), which he did not know he could refuse.
The officer reported that he detected a strong odor of alcohol on my clientâ€™s breath and that his speech was slurred. The officer further stated that my client admitted to having a few beers. The officer reported that my client showed all 6 clues on the HGN (eye jerking) test. The officer said that my client showed 4 of 8 possible clues on the Walk & Turn test, including: losing balance during the instructions, failing to touch heel to toe, turning improperly and stopping during the test. The officer also stated that, during the One Leg Stand test, my client used his arms and hopped to keep balance.
We took the case to court and let the State know that we intended to fight. Eventually, the prosecutor DISMISSED THE DWI and my client pled to a non-DWI offense. This will allow us to have the DWI completely erased from his record.