You are currently browsing the archives for the DWI Victories category.

DWI Dismissed

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer reported that my client ran a red light.

My client REFUSED THE BREATH TEST, but did perform the Standardized Field Sobriety Tests (SFSTs), which he did not know he could refuse.

The officer stated that my client emitted a strong odor of alcohol from his breath, that he had bloodshot and watery eyes and that he was unsteady. The officer further stated that my client admitted to drinking about 5 beers over the course of the night. 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 used his arms for balance and stepped off line during the Walk & Turn test and that he put his foot down during the One Leg Stand test.

We took the case to court and let the State know we were going to fight. The prosecutor eventually agreed to DISMISS THE DWI and my client pled to a non-DWI offense, which will allow us to have the DWI completely erased from his record.

Posted in Austin DWI, Austin Police, DWI Victories | Comments Off

DWI Dismissed

My client was arrested for DWI in Travis County, Texas by a trooper with the Texas Department of Public Safety. The trooper reported that my client was stopped for having a defective license plate light.

My client REFUSED THE BREATH TEST, but performed one of the Standardized Field Sobriety Tests (SFSTs), which he did not know he could refuse.

The trooper stated that my client emitted a strong odor of alcohol from his breath, had slurred speech and that he relieved himself in the trooper’s presence. The Trooper also stated that there was an open container in my client’s car at the time of the stop. The trooper reported that my client had great difficulty following instructions during the HGN (eye jerking) test, and that he displayed all 6 clues of intoxication. The trooper also said my client refused the Walk & Turn test and the One Leg Stand test due to back and leg problems.

We took the case to court and let the State know we intended to fight. The prosecutor eventually agreed to DISMISS THE DWI and my client pled to a non DWI offense, which will allow us to have the DWI completely erased from his record.

Posted in Austin DWI, DWI Victories | Comments Off

DWI Dismissed

My client was arrested for DWI in Travis County, Texas by a trooper with the Texas Highway Patrol. The trooper reported that my client was doing 65 in a 60 mile-per-hour zone.

My client provided a BREATH TEST. He also performed the Standardized Field Sobriety Tests. He didn’t know he could refuse ALL the tests.

The officer reported that my client had red, glassy, bloodshot eyes, a strong odor of alcohol, slurred speech, and that he swayed while standing. The officer stated that my client displayed each of the 6 clues on the HGN (eye jerking) test. The officer also said that my client showed 4 of the 8 possible clues on the Walk & Turn test, including: losing balance during the instructions, failing to touch heel to toe, stepping off line and turning improperly. The officer said that my client showed all 4 of the possible clues of intoxication on the One Leg Stand test. The officer noted that she suspected my client was under the influence of drugs.

We took the case to court and let the State know that we were going to fight. Eventually the prosecutor agreed to DISMISS THE DWI. My client didn’t have to plead to anything. This will allow us to have the DWI completely erased from his record.

Posted in Austin DWI, Austin Police, Breath Test, DWI Victories | Comments Off

DWI Dismissed

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer reported that my client failed to signal when making a turn.

My client REFUSED THE BREATH TEST, but he did perform the Standardized Field Sobriety Tests (SFSTs), which he did not know he could refuse.

The officer reported that he detected a strong odor of alcohol on my client’s breath and that his speech was slurred. The officer further stated that my client admitted to having a few beers. The officer reported that my client showed all 6 clues on the HGN (eye jerking) test. The officer said that my client showed 4 of 8 possible clues on the Walk & Turn test, including: losing balance during the instructions, failing to touch heel to toe, turning improperly and stopping during the test. The officer also stated that, during the One Leg Stand test, my client used his arms and hopped to keep balance.

We took the case to court and let the State know that we intended to fight. Eventually, the prosecutor DISMISSED THE DWI and my client pled to a non-DWI offense. This will allow us to have the DWI completely erased from his record.

Posted in Austin DWI, Austin Police, DWI Victories | Comments Off

DWI Dismissed (UT Police Arrest)

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 ran a stop sign. (See my previous post on UT Police’s aggressive DWI enforcement)

My client REFUSED THE BREATH TEST, but performed the Standardized Field Sobriety Tests (SFSTs), which he did not know he could refuse.

The officer reported that my client had a strong odor of alcohol. The officer stated that my client showed all 6 clues on the HGN (eye jerking) test. The officer further stated that on the Walk & Turn test my client lost his balance during the instructions, turned improperly and stopped while walking. The officer also said my client swayed and used his arms to balance during the One Leg Stand test.

We took the case to court and let the State know we were going to fight. The prosecutor eventually agreed to DISMISS THE DWI and my client pled to a traffic ticket with a small fine. This will allow me to have the DWI arrest completely erased from his record.

Posted in Austin DWI, DWI Victories, University of Texas Police | Comments Off

BWI Dismissed – No Probation No Community Service

My client was arrested for BWI (boating while intoxicated) on Lake Travis by an officer with the Texas Parks and Wildlife Department. The officer reported that my client was operating his boat at night without the requisite navigational lights.

My client REFUSED THE BREATH TEST, but did do the water sobriety (a condensed version of the SFSTs) and Standardized Field Sobriety Tests (SFSTs), which he was unaware that he could refuse.

The officer reported that my client had an odor of alcohol coming from his breath, that his eyes were bloodshot and watery, and that his attitude was combative. The officer stated, and the video confirmed, that my client failed twice to correctly recite the alphabet. The officer said my client showed all six clues on the HGN (eye jerking) test. The officer said that my client could not keep his balance during the instructions, failed to touch heel to toe, and stepped off line twice during the Walk & Turn test. The officer stated that my client refused to follow instructions during the One Leg Stand test.

We took the case to court and let the State know that we were going to fight the case. Eventually the prosecutor agreed to DISMISS THE BWI and pay a small fine for the navigational light violation. This will allow my client to have the BWI erased from his record, and deny that he was ever arrested for BWI.

Posted in Austin DWI, DWI Victories | Comments Off

DWI Dismissed

My client was arrested for DWI in Austin by an officer with the Austin Police Department. The officer reported that my client stumbled across a police barricade and attempted to drive away in his vehicle against an officer’s warning.

My client provided a BREATH TEST with RESULTS above the legal limit of .080. My client also performed the Standardized Field Sobriety Tests (SFSTs). He was from New York, so he didn’t know he could refuse these.

The officer reported that my client emitted a strong odor of alcohol, had glassy and bloodshot eyes, and stumbled and swayed in his stance. The officer said my client possessed all of the 6 possible clues on the HGN (eye jerking) test. The officer also stated that he demonstrated 4 out of 8 clues on the Walk & Turn test, including: failing to touch heel to toe, losing balance during the instructions, turning improperly and using arms for balance. The officer further stated that my client swayed and used his arms for balance on the One Leg Stand test.

We took the case to court and let the State know that we were going to fight. Eventually the prosecutor agreed to DISMISS THE DWI, and my client pled to a non-DWI offense. This was particularly important for this client because he was a salesman in New York that frequently travels to Canada, something he couldn’t do with a DWI conviction.

Posted in Austin DWI, Breath Test, DWI Victories | Comments Off

DWI Dismissed – No Probation, No Fine, No Community Service

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 clocked doing 50 in a 30 mile-per-hour zone.

My client SUBMITTED TO A BLOOD TEST and performed the Standardized Field Sobriety Tests (SFSTs). He didn’t know he could refuse these.

The officer noted that my client’s eyes were bloodshot and that he was physically unstable. The officer stated that my client exhibited no clues on the HGN (eye jerking) test, but that he had constricted pupils, consistent with the use of narcotics. The officer stated that my client exhibited 5 of the 8 clues on the Walk & Turn test, including: losing balance during the instructions, taking the wrong number of steps, using arms for balance, failing to touch heel to toe and stepping off line. The officer further said that my client showed 3 of the 4 clues on the One Leg Stand test, including: swaying, putting his foot down and using his arms for balance.

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 outright. This meant no probation, fines or community service.

Posted in Austin DWI, Breath Test, DWI Victories | Comments Off

DWI Dismissed

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.

Posted in Austin DWI, DWI Victories | Comments Off

DWI Dismissed

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.

Posted in Austin DWI, DWI Victories | Comments Off