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 through a flashing red light without stopping.
My client REFUSED THE BREATH TEST, but did do the Standardized Field Sobriety Tests (SFSTs), which he was unaware that he could refuse.
The officer reported that my client had bloodshot, glassy eyes as well as an odor of alcohol coming from his person. The officer said my client showed 4 of the 6 possible clues on the HGN (eye jerking) test. The officer said that my client displayed 5 of the 8 possible clues during the Walk & Turn test, including: losing balance during the instructions, failing to touch heel to toe, using arms for balance, turning improperly and stepping off line. The officer stated that my client showed all 4 possible clues of intoxication during the One Leg Stand test, including: hopping and using arms to maintain balance, swaying and putting his foot down twice.
We took the case to court and let the State know that we intended to fight. Eventually the prosecutor agreed to DISMISS THE DWI and my client pled to a minor traffic ticket and paid a small fine. This will allow us to have his DWI arrest completely removed from his record.