Driving While Intoxicated – DL Hearing DISMISSED
My client was arrested for DWI in
My client DID NOT PROVIDE A BREATH SAMPLE. My client did the Standardized Field Sobriety Tests (SFSTs). My client didnâ€™t know she could refuse the tests. The Officer said my client exhibited 4 of 6 clues of intoxication on the HGN (eye jerking) test. The Officer said that my client displayed 5 of 9 clues of intoxication on the Walk & Turn test. The Officer said that my client lost failed to touch heal to toe, turned improperly, lost balance during instructions, stepped off the line and used arms for balance. On the One Leg Stand test the Officer reported that my client swayed, used arms for balance, hopped and put foot down.
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. Her LICENSE WAS NOT SUSPENDED.