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 driving without headlights at nighttime.
My client REFUSED THE BREATH TEST, but she performed the Standardized Field Sobriety Tests (SFSTs), which she was unaware she could refuse.
The officer reported that my client emitted a strong odor of alcohol from her breath and that she had glassy, bloodshot eyes. 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 balance during the instructions, turned improperly, failed to touch heel to toe, stepped off line and used her arms to balance during the Walk & Turn test. The officer further stated that my client put her foot down and swayed during 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 and paid a small fine. This will allow us to have the DWI arrest removed from her record.