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 not wearing her seat belt.
The officer reported that my client had a strong odor of alcohol coming from her breath and bloodshot and watery eyes. My client didn’t know she could refuse the Field Sobriety Tests, so she did them. The Officer said my client exhibited all 6 clues of intoxication on the HGN (eye jerking) test. The Officer said that my client displayed 5 of the 8 clues of intoxication on the Walk & Turn test. The Officer said that my client used her arms for balance and put her foot down twice on the One Leg Stand test.
My client REFUSED A BREATH SAMPLE. She had an open container in the car and admitted to drinking three beers.
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 we would fight the case to the end, the prosecutor agreed to DISMISS THE DWI, with the understanding that my client would pled guilty to a Class C traffic ticket 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.