Austin Texas Drunk Driving Defense, Ken Gibson, Attorney at Law

My client was involved in an accident right in front of a police officer. As a matter of fact, my client’s vehicle struck two cars. He was arrested in Austin, Texas for DWI by the Austin Police Department.

My client REFUSED THE BREATH TEST, and refused to do the standardized Field Sobriety Tests (SFSTs). Since this is not the first DWI that I have handled for this client, he knew he had the right to REFUSE THE SFSTs. He exercised that right.

The officer reported that my client had a strong odor of alcohol coming from his breath. The officer reported that he had bloodshot and glassy eyes.

We appealed the so called “automatic” suspension of his driver’s license. We filed discovery requests and subpoenaed all the officers involved to justify our client’s arrest and the suspension.

We were successful in keeping our client’s license from being suspended. We were able to get his ALR Hearing DISMISSED.

My client walked up to an Austin police officer who was investigating my client’s son for DWI. She was arrested in Austin, Texas for DWI by the Austin Police Department.

My client REFUSED THE BREATH TEST, but she did do the standardized Field Sobriety Tests (SFSTs).

The officer reported that my client had a strong odor of alcohol coming from her breath. The officer reported that she had bloodshot and watery eyes. 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, used her arms for balance and put her foot down on the One Leg Stand test.

We appealed the so called “automatic” suspension of his driver’s license. We filed discovery requests and subpoenaed all the officers involved to justify our client’s arrest and the suspension.

We were successful in keeping our client’s license from being suspended. We were able to get her ALR Hearing DISMISSED.

My client lost control of his vehicle and collided with the front of a business. As a matter of fact, he went off the roadway, up onto the sidewalk, through a parking lot and through the glass storefront. He was arrested in Austin, Texas for DWI by the Austin Police Department.

My client REFUSED THE BREATH TEST, but he did do the standardized Field Sobriety Tests (SFSTs). He told me that he didn’t know he could refuse the SFSTs….Now he knows.

The officer reported that my client had a strong odor of alcohol coming from his breath. The officer reported that he had bloodshot, watery and glassy eyes. The officer said that my client’s speech was slurred 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 4 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 4 times on the One Leg Stand test.

We appealed the so called “automatic” suspension of his driver’s license. We filed discovery requests and subpoenaed all the officers involved to justify our client’s arrest and the suspension.

We were successful in keeping our client’s license from being suspended. We were able to get his ALR Hearing DISMISSED.

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 traveling at a slow rate of speed with his hand out the window exhibiting his middle finger to another car. (a form of road rage)

My client REFUSED THE BREATH TEST, but he did do the standardized Field Sobriety Tests (SFSTs).The officer reported that my client had a strong odor of alcohol coming from his breath and his eyes were bloodshot, watery and glassy. The officer said my client exhibited 6 clues of intoxication on the HGN (eye jerking) test. The officer said that my client turned improperly and stepped off the line on the Walk & Turn test.

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 and my client pled to Deferred Adjudication on a non-DWI Charge. Once he has completed his deferral period, we can get that record sealed which will allow him to deny that it ever happened. In short, our client will end up with NO convictions of anything.

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)

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)

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.

My client was arrested for DWI in Austin, Texas by a trooper with the Department of Public Safety. The trooper reported that my client was stopped because he was swerving and didn’t use his turn signal when he changed lanes.

My client PROVIDED A BREATH TEST, and he did the Standardized Field Sobriety Tests (SFSTs).
The trooper reported that my client said he had 5-6 beers in one hour. The trooper said my client exhibited 6 clues of intoxication on the HGN (eye jerking) test. The trooper said that my client exhibited 4 of the 8 signs of intoxication on the Walk & Turn test. The trooper said that my client exhibited 3 clues of intoxication on the One Leg Stand test, including putting his foot down 3 times. The Trooper said that he stopped this test because he was afraid that my client might fall and hurt himself, based on his performance.

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 and my client pled to a non-DWI offense with a small fine.

My client was arrested for DWI in Austin, Texas by a trooper with the Texas Department of Public Safety. The officer reported that my client was stopped because he was driving on a shoulder of the roadway.

My client REFUSED THE BREATH TEST, but he did do the standardized Field Sobriety Tests (SFSTs).

The trooper reported that my client had a strong odor of alcohol coming from his breath and his eyes were bloodshot and watery. The trooper reported that my client had slurred and mumbled speech. The trooper said my client exhibited 6 clues of intoxication on the HGN (eye jerking) test. The trooper said that my client displayed 4 of the 8 clues of intoxication on the Walk & Turn test. The trooper said that my client swayed on the One Leg Stand test. My Client told the trooper that he drank 7 beers. My client was also charged with having an illegal weapon in the vehicle.

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 and the weapons charge and my client pled to a Non-DWI charge.

My client was arrested for DWI in Austin, Texas by a Deputy Sheriff with the Travis County Sheriff’s Department. The officer stopped my client for weaving. The officer reported that my client had an odor of alcohol coming from his breath and bloodshot eyes.

My client is an ex-police officer, so he knew it would be in his best interest to REFUSE THE FIELD TESTS, ALL THE TESTS including the BREATH TEST.

My client admitted to drinking “2-3 beers.”

We took the case to court and let the State know we were going to fight the case. Knowing they had a weak case, the prosecutor agreed to DISMISS THE DWI, with the understanding that if my client commits no new offenses over the next year and agrees to pay a small fine for a traffic ticket, the case can be expunged from his records.