My client was arrested for DWI in Austin, Texas by an officer with the Rollingwood Police Department. The officer reported that my client was stopped for doing 47 in a 40 mile-per-hour zone.
My client REFUSED THE BREATH TEST, but she performed the Standardized Field Sobriety Tests (SFSTs), which she was unaware she could refuse.
The officer reported that my client emitted an odor of alcohol from her breath, had red, watery 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 displayed several clues on the Walk & Turn test, including: losing her balance during the instructions, failing to touch heel to toe and failing to follow the instructions. The officer stated that my client could barely stand without using her car to balance. The officer further stated that on the One Leg Stand test, my client used her arms to balance, put her foot down and almost fell over at one point.
We took the case to court and let the State know that we were going to fight. We also were able to discover enough fbad acts about the officer to cause the State to abandon their case. The prosecutor DISMISSED THE DWI outright, meaning no fines, community service or probation. This is particularly good because it allowed us to have the DWI arrest completely erased from her record. We also were able to keep her license from ever being suspended.