My client was arrested for DWI in Travis County, Texas by a trooper with the Texas Department of Public Safety. The trooper reported that my client was stopped for having a defective license plate light.
My client REFUSED THE BREATH TEST, but performed one of the Standardized Field Sobriety Tests (SFSTs), which he did not know he could refuse.
The trooper stated that my client emitted a strong odor of alcohol from his breath, had slurred speech and that he relieved himself in the trooperâ€™s presence. The Trooper also stated that there was an open container in my clientâ€™s car at the time of the stop. The trooper reported that my client had great difficulty following instructions during the HGN (eye jerking) test, and that he displayed all 6 clues of intoxication. The trooper also said my client refused the Walk & Turn test and the One Leg Stand test due to back and leg problems.
We took the case to court and let the State know we intended to fight. The prosecutor eventually agreed to DISMISS THE DWI and my client pled to a non DWI offense, which will allow us to have the DWI completely erased from his record.