DWI Dismissed – No Probation, No Fine
My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The Officer said he stopped her because he had a report of a disturbance and her car was identified as having been involved in the dispute.
My client also had an open container of beer in the car. The Officer reported that my client had a strong odor of alcohol coming from her breath and bloodshot, watery glassy and dialated eyes. My client REFUSED TO PROVIDED A BREATH SAMPLE. She did, however, perform the field tests. She stated that he didn’t know she could refuse them.
The Officer said my client exhibited all 6 clues of intoxication on the HGN (eye jerking) test. The Officer said that my client displayed 4 of the 8 clues of intoxication on the Walk & Turn test. The Officer said that my client swayed and used her arms for balance on the One Leg Stand test.
We took the case to court and let the State know we were going to fight the case. After presenting our case, the prosecutor agreed to outright DISMISS THE DWI. (No probation, no fine, no community service)