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 almost hitting the police cruiser, coming to a complete stop at a green light, then making a left turn without signaling intent.
My client REFUSED THE BREATH TEST, but he did perform the Standardized Field Sobriety Tests (SFSTs), which he was unaware he could refuse.
The officer reported that my client emitted a strong odor of alcohol from his 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 refused to follow instructions during the Walk & Turn test. The officer stated that my client lost his balance during the instructions for the test, turned improperly, failed to touch heel to toe and began the test before being instructed to. The officer further stated that my client put his foot down, swayed and used his arms to 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, this is particularly good because it will allow us to have the DWI arrest completely erased from his record. THis win was especially nice because my client is in the education profession and would have lost his job of 18 years had he been convicted.