My client was arrested for DWI in Travis County, Texas by a trooper with the Texas Highway Patrol. The officer reported that my client was stopped for going 78 miles per hour in a 60 miler-per-hour zone.
My client had BREATH TEST RESULTS above the legal limit. He also performed 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, had red, glassy eyes, mumbled and swayed while standing. 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 displayed 7 of the 8 possible clues on the Walk & Turn test, including: losing balance during the instructions, stepping off line, failing to touch heel to toe, stopping during the test, using arms for balance and turning incorrectly. The officer further stated that my client exhibited 3 of the 4 possible clues on the One Leg Stand test, including: using his arms to balance, swaying and putting his foot down. The officer reported that my client almost fell to the ground during this test.
We took the case to court and let the State know that we were going to fight. We learned through our research that the police officer that arrested my client had been fired from his job. Eventually the prosecutor agreed to DISMISS THE DWI outright, meaning no fines, probation or community service.