DWI Dismissed
My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer stopped my client for speeding, 83 miles per hour in a 65 mile per hour zone. The officer reported that my client had a strong odor of alcohol coming from his breath and bloodshot and watery eyes.
My client didn’t know he could refuse the Field Sobriety Tests, but he told me that he felt the officers were going to arrest him whether he did them or not, so he REFUSED THE FIELD TESTS. The officers badgered him for 30 minutes, and yet he stood firm and refused to do them.
My client REFUSED A BREATH SAMPLE. Instead of just pleading guilty, as many lawyers would have advised, we took the case to court and let the State know we were going to fight the case.
Knowing they had a weak case, the prosecutor agreed to DISMISS THE DWI, with the understanding that my client would pled guilty to a Class C (same as a traffic ticket) offense and pay a small fine. The wonderful thing about this is that it will allow us to file a Petition to have all my client’s arrest records destroyed.