My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Departmentâ€™s DWI Unit. The officer reported that my client was stopped for going 55 miles per hour in a 40 miler-per-hour zone and swerving off the roadway.
My client REFUSED THE BREATH TEST, but performed the Standardized Field Sobriety Tests (SFSTs), which she was unaware she could refuse. She should have known she didn’t have to do that tests, since this was not her first DWI arrest.
The officer reported that my client emitted a strong odor of alcohol from her breath. 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 displayed 6 of the 8 possible clues on the Walk & Turn test, including: losing balance during the instructions, stepping off line, taking the wrong number of steps, failing to touch heel to toe, stopping during the test and turning incorrectly. The officer further stated that my client exhibited all the clues on the One Leg Stand test, including: using her arms to balance, swaying, hopping and putting her foot down.
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.