DWI Dismissed – and ALR Hearing Dismissed
My client was arrested for DWI in Hays County, Texas by a trooper with the Texas Highway Patrol. The officer stopped my client for speeding, 100 miles per hour in a 65 mile per hour zone. My client also had an open container of beer in the car. The officer reported that my client had a strong odor of alcohol coming from his breath and bloodshot and glassy eyes.
My client felt as if the trooper had made up his mind to arrest him regardless of how he did on the test, so he REFUSED THE FIELD TESTS.
My client REFUSED A BREATH SAMPLE, as well. He did however admit to drinking “a couple of pitchers of beer.â€
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 be placed on deferred adjudication of a Non-DWI 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. On another note, we were also able to keep my client’s license from EVER being suspended in the ALR process. His ALR HEARING was DISMISSED.