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

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 Hays County, Texas by a trooper with the Texas Highway Patrol. The officer stopped my client for speeding, 100 miles per hour in a 65 mile per hour zone. 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 his breath and bloodshot and glassy eyes.

My client felt as if the trooper had made up his mind to arrest him regardless of how he did on the test, so he REFUSED THE FIELD TESTS.

My client REFUSED A BREATH SAMPLE, as well. He did however admit to drinking “a couple of pitchers of beer.”

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 my client would be placed on deferred adjudication of a Non-DWI offense and pay a small fine. The wonderful thing about this is that it will allow us to file a Petition to have all my client’s arrest records destroyed. On another note, we were also able to keep my client’s license from EVER being suspended in the ALR process. His ALR HEARING was DISMISSED.

My client was arrested for a 2nd DWI within 5 years in Austin, Texas by an officer with the Austin Police Department. He was stopped for speeding and failing to maintain a single marked lane.

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….We didn’t represent him on his prior DWI.

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.

This was an important win for our client, because he is in sales and would have ended up with a 2 year suspension, and since it was a 2nd within 5 years, he would have not been able to get an Occupational License for the 1st 90 days of his suspension.

Please note that each case is different. As such, prior cases should not be construed as a warranty of success in any particular future case.