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 because he was clocked doing 50 in a 30 mile-per-hour zone.
My client SUBMITTED TO A BLOOD TEST and performed the Standardized Field Sobriety Tests (SFSTs). He didnâ€™t know he could refuse these.
The officer noted that my clientâ€™s eyes were bloodshot and that he was physically unstable. The officer stated that my client exhibited no clues on the HGN (eye jerking) test, but that he had constricted pupils, consistent with the use of narcotics. The officer stated that my client exhibited 5 of the 8 clues on the Walk & Turn test, including: losing balance during the instructions, taking the wrong number of steps, using arms for balance, failing to touch heel to toe and stepping off line. The officer further said that my client showed 3 of the 4 clues on the One Leg Stand test, including: swaying, putting his foot down and using his arms for balance.
We took the case to court and let the State know we were going to fight the case. Eventually, the prosecutor agreed to DISMISS THE DWI outright. This meant no probation, fines or community service.