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 46 in a 30 mile-per-hour zone.
My client REFUSED THE BREATH TEST, but did perform the Standardized Field Sobriety Tests (SFSTs), which he was unaware that he could refuse.
The officer reported that my client emitted an odor of alcohol from his breath, had bloodshot eyes and slurred speech. 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 turned improperly and stopped while walking during the Walk & Turn test. The officer stated that my client swayed and used his arms to maintain balance during 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 minor traffic ticket and agreed to pay a small fine. This will allow us to have the DWI arrest completely erased from his record.