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 at night without her headlights.
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 had bloodshot, glassy 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 displayed several clues on the Walk & Turn test, including: stepping off line, failing to touch heel to toe, stopping during the test and turning incorrectly. The officer further stated that my client exhibited 3 of the 4 possible clues on the One Leg Stand test, including: using her arms to balance, swaying and putting her foot down 4 times.
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.