My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer reported that my client ran a red light.
My client REFUSED THE BREATH TEST, but did perform the Standardized Field Sobriety Tests (SFSTs), which he did not know he could refuse.
The officer stated that my client emitted a strong odor of alcohol from his breath, that he had bloodshot and watery eyes and that he was unsteady. The officer further stated that my client admitted to drinking about 5 beers over the course of the night. The officer reported that my client displayed all 6 of the possible clues of intoxication on the HGN (eye jerking) test. The officer stated that my client used his arms for balance and stepped off line during the Walk & Turn test and that he put his foot down during the One Leg Stand test.
We took the case to court and let the State know we were going 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.