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

A Driving while intoxicated conviction could cost up to $15,000 for a first time offense in Texas, according to a new study by the Texas Department of Transportation called the “$15,000 six-pack.”

The $15,000 adds up the cost of arrests, fines, jail and court costs, legal fees and counseling. The study based its results on interviews with district attorneys, defense attorneys, county clerks and past DWI offenders. Read the rest of this entry »

The Austin American Statesman reported that an Austin police commander was arrested and charged with drunken driving Sunday night after he crashed his car into a ditch at Austin-Bergstrom International Airport.

Cmdr. James O’Leary, 61, who supervises the department’s training division, was arrested about 8:30 p.m. Sunday and booked into the Travis County Jail about 90 minutes later, authorities said. He was released on bail Monday afternoon.

Assistant Police Chief David Carter said O’Leary has been placed on restricted duty pending the outcome of the criminal and internal investigations into the accident. O’Leary could not be reached for comment Monday.

Airport spokeswoman Leslie Schneiweiss said O’Leary crashed his white 1995 Lincoln Town Car into a ditch near a parking lot on Presidential Boulevard. Read the rest of this entry »

My client was arrested for DWI in Austin, Texas by a Trooper with the Texas Department of Public Safety. The Trooper stated that he stooped my client because he failed to signal a lane change which nearly caused a collision with another vehicle.

My client REFUSED TO PROVIDE A BREATH TEST. The Trooper reported that my client had a strong odor of alcohol coming from his breath and glassy eyes.

My client also did the Standardized Field Sobriety Tests (SFSTs). My client didn’t know he could refuse the tests. The Trooper said my client exhibited all 6 clues of intoxication on the HGN (eye jerking) test. The Trooper said that my client displayed 5 of the 8 clues of intoxication on the Walk & Turn test. The Trooper said that my client swayed and put his foot down numerous 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 Troopers involved to justify our client’s arrest and the suspension. At the Hearing, DPS realized that they weren’t going to be able to prove all the necessary elements necessary to suspend my client’s license. DPS agreed to dismiss the Suspension Case. His LICENSE WAS NOT SUSPENDED.

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 the Officer pulled along the side of my client’s car and noticed an open container in his lap.

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

The officer reported that my client had an odor of alcohol coming from his breath and his eyes were blood shot and glassy. The officer said my client exhibited 4 clues of intoxication on the HGN (eye jerking) test. The officer said that my client lost his balance during instruction, began before being instructed to start, and used his arms for balance on the Walk & Turn test. The officer said that my client exhibited 1 clue of intoxication 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 DISMISS THE DWI and my client pled to a traffic ticket with a small fine.

My client was arrested for a DWI in Austin, Texas by an officer with the Austin Police Department. The officer reported that my client was stopped because he had a defective tail light.

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

The officer reported that my client had an odor of alcohol coming from his breath and his eyes were bloodshot. The officer said my client exhibited 4 clues of intoxication on the HGN (eye jerking) test. The officer said that my client exhibited only 2 clues of intoxication on the Walk & Turn test. The officer said that my client used his arms for balance and put his foot down on the One Leg Stand test. It should be noted that my client also had high blood pressure, because we convinced the prosecutor that it was the high blood pressure that caused him to have balance problems, not the alcohol that he drank.

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 plead to a Non-DWI offense with a small fine.

My client was arrested for his SECOND DWI in Austin, Texas by an officer with the Austin Police Department. The officer reported that my client was stopped because he failed to turn on his headlights.

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 and glassy. The officer said my client exhibited 6 clues of intoxication on the HGN (eye jerking) test. The officer said that my client exhibited only 4 clues of intoxication on the Walk & Turn test. The officer 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 DISMISS THE DWI and my client plead to a Non-DWI offense with a small fine.

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 speeding 60 miles per hour in a 45 mile per hour speed zone.

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 exhibited only 1 clue of intoxication on the Walk & Turn test. The officer said that my client swayed, used his arms for balance 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 DISMISS THE DWI and my client plead to a Non-DWI offense with a small fine.

My client was arrested for DWI in Austin, Texas by an officer with the University of Texas Police Department. The officer reported that my client was stopped because he had a headlight out.

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 and glassy. The officer said my client exhibited 4 clues of intoxication on the HGN (eye jerking) test.
The officer said that my client exhibited 4 clues of intoxication on the Walk & Turn test. The officer said that my client swayed 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 DISMISS THE DWI and my client plead to a Non-DWI Offense with a small fine.

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 she was speeding. The officer reported that she was going 51 in a 34 mile per hour zone.

My client REFUSED THE BREATH TEST, but she did the Standardized Field Sobriety Tests (SFSTs). She stated that she didn’t know she could refuse them.

The officer reported that my client had a strong odor of alcohol coming from her breath and her eyes were bloodshot. The officer said my client spoke with slurred speech. The officer said my client exhibited 6 clues of intoxication on the HGN (eye jerking) test. The officer said that my client lost her balance during instruction, began before being instructed, failed to touch heel to toe, stepped off the line, and used her arms for balance on the Walk & Turn test. The officer said that my client exhibited 32clues of intoxication 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 DISMISS THE DWI and my client plead to a Non-DWI charge with a small fine. We were also able to get deferred adjudication on the charge. What this means is that, with a few exceptions, we will be able to “Seal” the entire incident from future employers. This win was especially nice since there were immigration issued involved.

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 went straight in a left turn only lane.

My client REFUSED THE BREATH TEST AND REFUSED THE STANDARDIZED FIELD SOBRIETY TESTS (SFSTs). (This was not his first arrest for DWI)

The officer reported that my client had a strong odor of alcohol coming from his breath and his eyes were glassy. The officer said my client admitted to have been at “a bunch of clubs on 6th Street.”

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 plead to a Non-DWI charge with a small fine. We were also able to get deferred adjudication on the charge. What this means is that we will be able to “Seal” the entire incident from nearly all future employers.