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 doing 47 in a 30 mile-per-hour zone.
My client REFUSED THE BREATH TEST and some of the Standardized Field Sobriety Tests (SFSTs). However, she did perform the HGN (eye jerking) test, which she was unaware she could refuse.
The officer reported that my client emitted a strong odor of alcohol from her breath, had bloodshot, glassy eyes and confused speech. The officer further stated that my client admitted to having 4 tall rum and cokes. The officer said my client displayed all 6 of the possible clues of intoxication on the HGN (eye jerking) test. The officer stated that my client had trouble keeping her balance and that she refused to complete the remaining field sobriety tests, including the Walk & Turn test and 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.