My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer reported that my client was stopped for failing to signal intent to change lanes and failing to maintain a single lane.
My client REFUSED THE BREATH TEST, but did perform the Standardized Field Sobriety Tests (SFSTs), which he was unaware that he could refuse.
The officer reported that my client emitted an odor of alcohol from his breath, had red, watery eyes and dilated pupils. The officer said my client displayed all 6 of the possible clues of intoxication on the HGN (eye jerking) test. The officer said that my client lost his balance during the instructions and used his arms to balance during the Walk & Turn test. The officer further reported that over a quarter of a pound of marijuana was found in my clientâ€™s trunk during the search incident to his arrest.
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 minor traffic ticket and agreed to pay a small fine. We also got the Marijuana case reduced from a felony to a misdemeanor. This will allow us to have the DWI arrest completely erased from his record.