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

Driving While Intoxicated – DL Hearing DISMISSED

My client was arrested for DWI in Austin, Texas, by a Trooper of the Texas Department of Public Safety. The Trooper stated that he stopped my client because he observed my client driving without headlamps at night where required.

The Trooper reported that my client had a strong odor of alcohol coming from his breath, had bloodshot eyes, and had urinated on himself..

My client REFUSED A BREATH TEST.

My client did the Standardized Field Sobriety Tests (SFSTs). My client didn’t know he could refuse the tests. The Trooper said my client exhibited all 6 clues of intoxication on the HGN (eye jerking) test. The Trooper said that my client displayed 5 of the 8 clues of intoxication on the Walk & Turn test. On the One Leg Stand test The Trooper reported that my client swayed, used arms for balance and put his foot down three times.

We appealed the so called “automatic” suspension of his driver’s license. We filed discovery requests and subpoenaed all the Troopers involved to justify our client’s arrest and the suspension. At the Hearing, DPS realized that they weren’t going to be able to prove all the necessary elements necessary to suspend my client’s license. DPS agreed to dismiss the Suspension Case. His LICENSE WAS NOT SUSPENDED.