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

My client was arrested for DWI in Austin, Texas by a Deputy with the Travis County Sheriff’s Department. The deputy stopped my client for swerving. The deputy reported that my client had a strong odor of alcohol coming from his breath and that he slurred his words when he spoke.

My client PROVIDED A BREATH TEST. My client didn’t know he could refuse the tests. He provided two breath specimens with a reported BAC of .140 and .142.

My client also did the Standardized Field Sobriety Tests (SFSTs). 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 put his foot down and refused to continue 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 argued to the ALR judge that DPS couldn’t prove all the necessary elements necessary to suspend my client’s license. The judge ruled that we were correct and denied DPS’ request to suspend my client’s license. His LICENSE WAS NOT SUSPENDED.

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer said he stopped her because she was weaving.

The officer reported that he detected an odor of alcohol from my client and had glassy and watery eyes. My client PROVIDED A BREATH SAMPLE. She provided two breath specimens with a reported BAC of .19 and .201. She REFUSED THE FIELD SOBRIETY TESTS. She stated that she didn’t know she could refuse the breath test. Her previous attorney never told her she could refuse. This was especially frustrating since this was not her first DWI.

We took the case to court and let the State know we were going to fight the case. After challenging the legal sufficiency of the stop, it was apparent that the Judge was going to grant our Motion to Suppress all the evidence. 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 she was EVER arrested for this charge. Also, had she been convicted of the 2nd DWI, she would have faced mandatory jail time.

My client was involved in a collision. He was subsequently arrested in Austin, Texas for DWI by the Austin Police Department.

My client PROVIDED A BREATH TEST. My client didn’t know he could refuse the tests. 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. He provided two breath specimens with a reported BAC of .131 and .129.

My client also did the Standardized Field Sobriety Tests (SFSTs). The Officer said my client exhibited all 6 clues of intoxication on the HGN (eye jerking) test. The Officer said that my client displayed 7 of the 8 clues of intoxication on the Walk & Turn test. The Officer said that my client swayed, hopped 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 officers involved to justify our client’s arrest and the suspension.

We argued to the ALR judge that DPS couldn’t prove all the necessary elements necessary to suspend my client’s license. The judge ruled that we were correct and denied DPS’ request to suspend my client’s license. His LICENSE WAS NOT SUSPENDED.

My client was stopped for speeding, 80 miles per hour in a 65 mile per hour zone. She was arrested in Austin, Texas for DWI by the Austin Police Department.

My client PROVIDED A BREATH TEST. My client stated that she didn’t know she could refuse the tests. She provided two breath specimens with a reported BAC of .171 and .166.

My client also did the Standardized Field Sobriety Tests (SFSTs). Again, she didn’t know she had the right to refuse them. The officer reported that my client had a strong odor of alcohol coming from her breath. The officer reported that she had bloodshot 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 5 of the 8 clues of intoxication on the Walk & Turn test. The Officer said that my client swayed and put her foot down 3 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 her ALR Hearing DISMISSED.

My client was stopped for changing lanes without using his turn signal. He was arrested in Austin, Texas for DWI by the Austin Police Department.

My client PROVIDED A BREATH TEST. My client stated that he didn’t know he could refuse the tests. He provided two breath specimens with a reported BAC of .170 and .173.

The officer reported that my client had a strong odor of alcohol coming from his breath. The officer reported that he had bloodshot, glassy and dilated 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 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 an officer with the Austin Police Department. The officer stopped him because he drove through a double barricade on a closed lane of traffic.

The officer reported that my client had an odor of alcohol coming from his breath and bloodshot, watery and glassy eyes. The Officer said my client exhibited 2 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. My Client told the officer that he “couldn’t do the one leg stand if he was sober.”

My Client was not aware that he had a right to refuse a breath sample and PROVIDED A BREATH SAMPLE.
Instead of just pleading guilty, as many lawyers would have advised, 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, with the understanding that my client would pled to a traffic ticket for disregarding the barricade and pay a small fine.

I am proud to also report that we kept his license from being suspended in the ALR process as well.