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Driving While Intoxicated – DL Hearing DISMISSED

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 approached my client as my client was changing a tire. My client stated to the Officer that he was driving and struck something in the roadway. The Officer reported that there had been a collision.

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

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 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 lost balance during instruction, failed to touch heal to toe, took wring # of steps 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. The Romberg Balance Test (Also known as the Head Tilt or Modified Attention) was given. The Officer reported that my client exhibited 1-2 inch sway from front to back.

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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Driving While Intoxicated – DL Hearing DISMISSED

Driving While Intoxicated – DL Hearing DISMISSED

My client was arrested for DWI in Austin, Texas by an office of the Austin Police Department. The Officer stated that he stopped my client because he appeared to be sleeping and sat through several changes of a traffic light.


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

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 all 6 clues of intoxication on the HGN (eye jerking) test. The Officer said that my client displayed 3 of the 8 clues of intoxication on the Walk & Turn test. The Officer said that my client swayed, used arms for balance, and put his 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. 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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Driving While Intoxicated – DL Hearing DISMISSED

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.

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Driving While Intoxicated – DL Hearing DISMISSED

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer stated that he stopped my client for driving too fast and for playing his car stereo too loud.

My client REFUSED TO PROVIDE A BREATH TEST. The officer reported that my client had a strong odor of alcohol coming from his breath and bloodshot glassy eyes. The officer also stated that my client spoke with slurred speech.

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 6 of the 8 clues of intoxication on the Walk & Turn test. The Officer said that my client used his arms for balance, swayed, and put his 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 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.

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Driving While Intoxicated – DL Hearing DISMISSED

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer stated that he stopped my client for speeding, 58/45.

My client PROVIDED A BLOOD TEST. My client didn’t know he could refuse the test. The officer reported that my client had an odor of alcohol coming from his breath and had trouble walking.

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 3 of the 8 clues of intoxication on the Walk & Turn test. The Officer said that my client used his arms for balance 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.

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Driving While Intoxicated – DL Hearing DISMISSED

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer stated that he stopped my client because he said that my client fit the description of someone reported as causing a disturbance.

My client REFUSED TO PROVIDE A BREATH TEST. It wasn’t his first arrest for DWI. The Officer stated that my client had a strong odor of alcohol on his breath and had bloodshot, glassy and watery eyes. He also stated that my client spoke with slurred speech.

My client did the Standardized Field Sobriety Tests (SFSTs). He stated that he didn’t know he 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 5 of the 8 clues of intoxication on the Walk & Turn test. The Officer said that my client refused to perform 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.

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Driving While Intoxicated – DL Hearing DISMISSED

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer stated that he found my client passed out behind the wheel of his car.

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 and bloodshot and glassy eyes. He provided two breath specimens with a reported BAC of .189 and .194.

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 5 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 9 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.

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Driving While Intoxicated – DL Hearing DISMISSED

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer stopped my client because the officer said that my client ran a flashing red light and struck a curb.

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. He provided two breath specimens with a reported BAC of .161 and .162.

My client also did the Standardized Field Sobriety Tests (SFSTs). The Officer said my client exhibited 6 of the 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 his arms for balance on the One Leg Stand test.

We appealed the so called “automatic” suspension of her 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.

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Driving While Intoxicated – DL Hearing DISMISSED

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer stopped my client because the officer said that my client was going the wrong way on a one way street. My client admitted to drinking 5 drinks.

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. He provided two breath specimens with a reported BAC of .117 and .110.

My client also did the Standardized Field Sobriety Tests (SFSTs). The Officer said my client exhibited 5 of the 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 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.

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Driving While Intoxicated – DL Hearing DISMISSED

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer stopped my client because he saw her get out of her car and stumble into a convenience store. The officer reported that my client admitting to drinking 4 glasses of wine.

My client PROVIDED A BREATH TEST. My client didn’t know she could refuse the tests. The officer reported that my client had a strong odor of alcohol coming from her breath. She provided two breath specimens with a reported BAC of .176 and .177.

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 5 of the 8 clues of intoxication on the Walk & Turn test. The Officer said that my client used her arms for balance and put her foot down four times on the One Leg Stand test.

We appealed the so called “automatic” suspension of her 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. Her LICENSE WAS NOT SUSPENDED.

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