DWI Dismissed
My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer stopped him because he drove through a double barricade on a closed lane of traffic.
The officer reported that my client had an odor of alcohol coming from his breath and bloodshot, watery and glassy eyes. The Officer said my client exhibited 2 clues of intoxication on the HGN (eye jerking) test. The Officer said that my client displayed 4 of the 8 clues of intoxication on the Walk & Turn test. The Officer said that my client swayed, used his arms for balance and put his foot down 4 times on the One Leg Stand test. My Client told the officer that he “couldn’t do the one leg stand if he was sober.â€
My Client was not aware that he had a right to refuse a breath sample and PROVIDED 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. Eventually, the prosecutor agreed to outright DISMISS THE DWI, with the understanding that my client would pled to a traffic ticket for disregarding the barricade and pay a small fine.
I am proud to also report that we kept his license from being suspended in the ALR process as well.