Austin Texas DWI Attorney » Drivers License Suspension Victories http://austindwi.com Drunk Driving Defense Information Tue, 24 Mar 2015 15:13:07 +0000 en-US hourly 1 http://wordpress.org/?v=3.5.1 Possible Repeal of the DWI Surcharge Law http://austindwi.com/news/possible-repeal-of-the-dwi-surcharge-law/ http://austindwi.com/news/possible-repeal-of-the-dwi-surcharge-law/#comments Fri, 11 Mar 2011 20:08:42 +0000 Ken http://austindwi.com/?p=290 State Representative Leo Berman from Tyler filed HB 299 which, if passed, would eliminate the program that requires those charged with offenses like Driving While Intoxicated to pay the state surcharge. Senator John Whitmire of Houston filed a companion bill in the senate. The Austin American Statesman reported that almost 60 percent, or 1.2 million drivers, currently owe a surcharge for which they are either unwilling or unable to pay and this totals more than $1.1 billion. Currently, if you owe the surcharge, but cannot, or refuse, to pay it, your license will be suspended. Next, you cannot get or keep car insurance without a valid driver’s license. Folks will still drive their cars, they just won’t have a valid license or car insurance. This law was a bad law when it was passed, and it is still a bad law. Unfortunately, with the current financial situation of our State government, I am not too terribly hopeful that this repeal will actually happen.

]]> http://austindwi.com/news/possible-repeal-of-the-dwi-surcharge-law/feed/ 0 ALR Dismissed http://austindwi.com/austin-dwi/alr-dismissed-2/ http://austindwi.com/austin-dwi/alr-dismissed-2/#comments Fri, 04 May 2007 16:24:42 +0000 Ken http://austindwi.com/archives/alr-dismissed-2/ My client was arrested for DWI in Austin, Texas by an officer with the University of Texas Police Department. The officer stopped my client for backing into a gas pump at a gas station and driving away without checking for damage. The officer noted that my client emitted an odor of alcohol from his breath, had bloodshot, eyes and very poor balance.

My client REFUSED THE BREATH TEST, but performed the Standardized Field Sobriety Tests (SFSTs), which he was unaware he could refuse. The officer reported that my client displayed all 6 of the possible clues of intoxication on the HGN (eye jerking) test. The officer stated that my client could not maintain his balance and began the test before instructed on the Walk & Turn test. The officer also stated that my client swayed, used his arms to balance, hopped and put his foot down during the One Leg Stand test.

We appealed the so called “automatic” suspension of my client’s driver’s license. We filed discovery requests and subpoenaed all officers involved to justify the arrest and the suspension. At the Hearing, DPS realized they were not going to be able to prove all the elements necessary to suspend my client’s license. DPS agreed to dismiss the Suspension Case and my client’s LICENSE WAS NOT SUSPENDED.

]]> http://austindwi.com/austin-dwi/alr-dismissed-2/feed/ 0 ALR Dismissed http://austindwi.com/austin-dwi/alr-dismissed/ http://austindwi.com/austin-dwi/alr-dismissed/#comments Fri, 04 May 2007 16:24:15 +0000 Ken http://austindwi.com/archives/alr-dismissed/ My client was arrested for DWI in Austin, Texas by an officer with the University of Texas Police Department. The officer stopped my client for backing into a gas pump at a gas station and driving away without checking for damage. The officer noted that my client emitted an odor of alcohol from his breath, had bloodshot, eyes and very poor balance.

My client REFUSED THE BREATH TEST, but performed the Standardized Field Sobriety Tests (SFSTs), which he was unaware he could refuse. The officer reported that my client displayed all 6 of the possible clues of intoxication on the HGN (eye jerking) test. The officer stated that my client could not maintain his balance and began the test before instructed on the Walk & Turn test. The officer also stated that my client swayed, used his arms to balance, hopped and put his foot down during the One Leg Stand test.

We appealed the so called “automatic” suspension of my client’s driver’s license. We filed discovery requests and subpoenaed all officers involved to justify the arrest and the suspension. At the Hearing, DPS realized they were not going to be able to prove all the elements necessary to suspend my client’s license. DPS agreed to dismiss the Suspension Case and my client’s LICENSE WAS NOT SUSPENDED.

]]> http://austindwi.com/austin-dwi/alr-dismissed/feed/ 0 Bill introduced to streamline the ALR Process – AKA Suspend more licenses http://austindwi.com/news/bill-introduced-to-streamline-the-alr-process-aka-suspend-more-folks/ http://austindwi.com/news/bill-introduced-to-streamline-the-alr-process-aka-suspend-more-folks/#comments Mon, 26 Feb 2007 21:40:51 +0000 Ken http://austindwi.com/archives/bill-introduced-to-streamline-the-alr-process-aka-suspend-more-folks/ Senator Steve Ogden from Bryan has just introduced a bill, SB 768, which, if passed would result in a serious decay of what little due process rights exist in the ALR Process.

Senate Bill 768 would allow everyone except for the Judge and the defendant, or their attorney, to appear by affidavit. Attorneys would no longer be allowed to subpoena and require a police officer to attend and to stand by his decision to arrest the person. Further, even the State’s own attorney, the “prosecutor” in these types of cases, could appear by subpoena.

Also, under the proposed Bill, DPS would be the one that would adopt the form of the affidavit.

Now, it seems fundamentally unfair to suspend someone’s license for failing a breath test, when you have no opportunity to question parties to the action. To suspend a person’s license under this section, they must prove reasonable suspicion to stop or probable cause to arrest or take a person into custody, and that the person had an alcohol concentration of .08 or higher while operating a vehicle in a public place. They can certainly make an affidavit with 4-5 boxes to check that might very well make it easier on the people involved…the officer etc. However, shouldn’t a person who is facing a license suspension for up to a year be allowed to question the folks that have alleged the relevant facts?

I certainly hope the Legislature will see that this is a bad law.

]]> http://austindwi.com/news/bill-introduced-to-streamline-the-alr-process-aka-suspend-more-folks/feed/ 0 Driving While Intoxicated – DL Hearing DISMISSED http://austindwi.com/drivers-license-suspension-victories/driving-while-intoxicated-dl-hearing-dismissed-36/ http://austindwi.com/drivers-license-suspension-victories/driving-while-intoxicated-dl-hearing-dismissed-36/#comments Mon, 21 Aug 2006 14:59:54 +0000 Ken http://austindwi.com/archives/driving-while-intoxicated-dl-hearing-dismissed-36/ Driving While Intoxicated – DL Hearing DISMISSED

My client was arrested for DWI in Austin, Texas by an Officer of the Austin Police Department. The Officer stopped my client for speeding. The Officer reported that my client had a strong odor of alcohol coming from her breath, had bloodshot, glassy and dilated eyes, and was swaying.

My client DID NOT PROVIDE A BREATH SAMPLE. My client did the Standardized Field Sobriety Tests (SFSTs). My client didn’t know she could refuse the tests. The Officer said my client exhibited 4 of 6 clues of intoxication on the HGN (eye jerking) test. The Officer said that my client displayed 5 of 9 clues of intoxication on the Walk & Turn test. The Officer said that my client lost failed to touch heal to toe, turned improperly, lost balance during instructions, stepped off the line and used arms for balance. On the One Leg Stand test the Officer reported that my client swayed, used arms for balance, hopped and put foot down.


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. 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. Her LICENSE WAS NOT SUSPENDED.

]]> http://austindwi.com/drivers-license-suspension-victories/driving-while-intoxicated-dl-hearing-dismissed-36/feed/ 0 Driving While Intoxicated – DL Hearing DISMISSED http://austindwi.com/drivers-license-suspension-victories/driving-while-intoxicated-dl-hearing-dismissed-35/ http://austindwi.com/drivers-license-suspension-victories/driving-while-intoxicated-dl-hearing-dismissed-35/#comments Mon, 21 Aug 2006 14:07:31 +0000 Ken http://austindwi.com/archives/driving-while-intoxicated-dl-hearing-dismissed-35/ Driving While Intoxicated – DL Hearing DISMISSED

My client was arrested for DWI in Austin, Texas by an Officer of the Austin Police Department. The Officer responded to a report of a collision that involved my client.
The Officer reported that my client had a strong odor of alcohol coming from his breath, had bloodshot, watery eyes, and was staggering.

My client DID NOT PROVIDE A BREATH SAMPLE. My client did the Standardized Field Sobriety Tests (SFSTs). My client didn’t know he could refuse the tests. 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 clues of intoxication on the Walk & Turn test. The Officer said that my client lost failed to touch heal to toe, took wrong # of steps, used arms for balance, stepped off the line and turned improperly. On the One Leg Stand test the Officer reported that my client swayed, used arms for balance and put foot down 4 times.


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. 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.

]]> http://austindwi.com/drivers-license-suspension-victories/driving-while-intoxicated-dl-hearing-dismissed-35/feed/ 0 Driving While Intoxicated – DL Hearing DISMISSED http://austindwi.com/drivers-license-suspension-victories/driving-while-intoxicated-dl-hearing-dismissed-34/ http://austindwi.com/drivers-license-suspension-victories/driving-while-intoxicated-dl-hearing-dismissed-34/#comments Mon, 21 Aug 2006 00:41:59 +0000 Ken http://austindwi.com/archives/driving-while-intoxicated-dl-hearing-dismissed-34/ Driving While Intoxicated – DL Hearing DISMISSED

My client was arrested for DWI in Austin, Texas, by an Officer of the Austin Police Department. The Officer stated that he stopped my client because the officer observed the vehicle jerking left and right.

The Officer reported that my client had a strong odor of alcohol coming from his breath, had bloodshot, glassy eyes, and was swaying.

My client REFUSED THE BREATH TEST.

My client did the Standardized Field Sobriety Tests (SFSTs). My client didn’t know he could refuse the tests. The Officer said my client exhibited 3 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. On the One Leg Stand test the Officer reported that my client swayed, hopped, and used his arms for balance.

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. 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.

]]> http://austindwi.com/drivers-license-suspension-victories/driving-while-intoxicated-dl-hearing-dismissed-34/feed/ 0 Driving While Intoxicated – DL Hearing DISMISSED http://austindwi.com/drivers-license-suspension-victories/driving-while-intoxicated-dl-hearing-dismissed-33/ http://austindwi.com/drivers-license-suspension-victories/driving-while-intoxicated-dl-hearing-dismissed-33/#comments Mon, 21 Aug 2006 00:38:02 +0000 Ken http://austindwi.com/archives/driving-while-intoxicated-dl-hearing-dismissed-33/ Driving While Intoxicated – DL Hearing DISMISSED

My client was arrested for DWI in Austin, Texas, by an Officer of the Austin Police Department. The Officer stated that he came in contact with my client because he had been involved in a collision.

The Officer reported that my client had a strong odor of alcohol coming from his breath, had bloodshot, watery and glassy eyes, and was swaying.

My client REFUSED THE BREATH TEST.

My client did the Standardized Field Sobriety Tests (SFSTs). My client didn’t know he could refuse the tests. The Officer said my client exhibited 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. On the One Leg Stand test the Officer reported that my client swayed and put a foot down.

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. 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.

]]> http://austindwi.com/drivers-license-suspension-victories/driving-while-intoxicated-dl-hearing-dismissed-33/feed/ 0 Driving While Intoxicated – DL Hearing DISMISSED http://austindwi.com/drivers-license-suspension-victories/driving-while-intoxicated-dl-hearing-dismissed-32/ http://austindwi.com/drivers-license-suspension-victories/driving-while-intoxicated-dl-hearing-dismissed-32/#comments Sun, 20 Aug 2006 23:30:28 +0000 Ken http://austindwi.com/archives/driving-while-intoxicated-dl-hearing-dismissed-32/ Driving While Intoxicated – DL Hearing DISMISSED

My client was arrested for DWI in Austin, Texas, by a Trooper of the Texas Department of Public Safety. The Trooper stated that he stopped my client because he observed my client driving without headlamps at night where required.

The Trooper reported that my client had a strong odor of alcohol coming from his breath, had bloodshot eyes, and had urinated on himself..

My client REFUSED A BREATH TEST.

My client 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. On the One Leg Stand test The Trooper reported that my client swayed, used arms for balance and put his foot down three times.

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.

]]> http://austindwi.com/drivers-license-suspension-victories/driving-while-intoxicated-dl-hearing-dismissed-32/feed/ 0 Driving While Intoxicated – DL Hearing DISMISSED http://austindwi.com/drivers-license-suspension-victories/driving-while-intoxicated-dl-hearing-dismissed-31/ http://austindwi.com/drivers-license-suspension-victories/driving-while-intoxicated-dl-hearing-dismissed-31/#comments Sun, 20 Aug 2006 23:26:58 +0000 Ken http://austindwi.com/archives/driving-while-intoxicated-dl-hearing-dismissed-31/ Driving While Intoxicated – DL Hearing DISMISSED

My client was arrested for DWI in Austin, Texas, by an Officer of the Austin Police Department. The Officer stated that he stopped my client because he was traveling 87 mph in a posted 60 mph roadway.

The Officer reported that my client had a strong odor of alcohol coming from his breath, had bloodshot, glassy eyes, and was swaying.

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 .112 and .110.

My client also did the Standardized Field Sobriety Tests (SFSTs). My client didn’t know he could refuse the tests. The Officer said my client exhibited 6 clues of intoxication on the HGN (eye jerking) test. The Officer said that my client displayed 1 of the 8 clues of intoxication on the Walk & Turn test. The Officer said that my client lost balance during instruction. On the One Leg Stand test The Officer reported that my client swayed.

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. 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.

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