Driving While Intoxicated – DL Hearing DISMISSED
My client was arrested for DWI in
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 didnâ€™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 werenâ€™t going to be able to prove all the necessary elements necessary to suspend my clientâ€™s license. DPS agreed to dismiss the Suspension Case. His LICENSE WAS NOT SUSPENDED.