Driving While Intoxicated – DL Hearing DISMISSED
My client was arrested for DWI in
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 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 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 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.