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 driving 61 miles per hour in a 40 mile-per-hour zone.
My client provided a BREATH SAMPLE. My client also performed the Standardized Field Sobriety Tests (SFSTs). He said he didn’t know he could refuse them.
The officer reported that my client emitted a strong odor of alcohol from his breath, had bloodshot, glassy eyes and slurred speech. The officer reported that my client displayed all 6 of the possible clues of intoxication on the HGN (eye jerking) test. The officer stated that my client lost his balance during the instructions and failed to touch heel to toe during the Walk & Turn test. The officer then reported that my client performed the One Leg Stand test as instructed. In light of all these fact, the officer decided to arrest my client for DWI.
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 pleaded to a minor traffic ticket.