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 Policeâ€™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.