DWI Dismissed – No Probation, No Fine
My client was arrested for DWI in Austin, Texas by a Trooper with the Texas Department of Public Safety. The Trooper said he stopped him because he was speeding, 66 in a 60 mile per hour zone.
The Trooper reported that my client had a strong odor of alcohol coming from his breath and bloodshot, watery eyes. My client REFUSED TO PROVIDED A BREATH SAMPLE. He did, however, perform the field tests. He stated that he didn’t know he could refuse them.
The Trooper said my client exhibited all 6 clues of intoxication on the HGN (eye jerking) test. The Trooper said that my client displayed 2 of the 8 clues of intoxication on the Walk & Turn test. The Trooper said that my client swayed, used his arms for balance, hopped and put his foot down on the One Leg Stand test.
We took the case to court and let the State know we were going to fight the case. Eventually, the prosecutor agreed to outright DISMISS THE DWI. (No probation, no fine, no community service)
The wonderful thing about this is that we will now file a motion to have all the arrest records destroyed. This will allow my client to legally deny that he was EVER arrested.