DWI Dismissed
My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer stopped him because he saw him with an open container staggering to his car earlier in the evening.
The officer reported that my client had a strong odor of alcohol coming from his breath. The officer reported that he was wobbling, swaying and needed support to stand. The officer said that my client’s speech was slurred and that he mumbled and stuttered when he spoke.
The Officer said my client exhibited all 6 clues of intoxication on the HGN (eye jerking) test. The Officer said that my client displayed 6 of the 8 clues of intoxication on the Walk & Turn test. The Officer said that my client swayed, used his arms for balance and put his foot down 3 times on the One Leg Stand test.
My Client admitted to drinking 5 beers earlier, and he REFUSED TO PROVIDE A BREATH SAMPLE.
I prepared a brief and argued to the Prosecutor that the detention of my client was illegal. Also, our investigation found that the Officer had a suspension for Conduct Unbecoming a Police Officer(unrelated to my client’s case).
When I showed up for the pre-trial hearing to contest the legality of my client’s detention, the Prosecutor DISMISSED the DWI and wrote on the paperwork that it was done, “In the Interest of Justice.”