Sample Victories

Driving While Intoxicated - DL Hearing DISMISSED

2006-08-21T08:03:00.000-07:00

Driving While Intoxicated - DL Hearing DISMISSED

My client was arrested for DWI in Austin, Texas by an Officer of the Austin Police Department. The Officer stopped my client for speeding. The Officer reported that my client had a strong odor of alcohol coming from her breath, had bloodshot, glassy and dilated eyes, and was swaying.

My client DID NOT PROVIDE A BREATH SAMPLE. My client did the Standardized Field Sobriety Tests (SFSTs). My client didn’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 8 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 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. Her LICENSE WAS NOT SUSPENDED.

Driving While Intoxicated - DL Hearing DISMISSED

2006-08-21T07:09:00.000-07:00

Driving While Intoxicated - DL Hearing DISMISSED

My client was arrested for DWI in Austin, Texas by an Officer of the Austin Police Department. The Officer responded to a report of a collision that involved my client.

The Officer reported that my client had a strong odor of alcohol coming from his breath, had bloodshot, watery eyes, and was staggering.

My client DID NOT PROVIDE A BREATH SAMPLE. My client did the Standardized Field Sobriety Tests (SFSTs). My client didn’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 6 of 8 clues of intoxication on the Walk & Turn test. The Officer said that my client lost failed to touch heal to toe, took wrong # of steps, used arms for balance, stepped off the line 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.

Driving While Intoxicated - DL Hearing DISMISSED

2006-08-20T17:46:00.000-07:00

Driving While Intoxicated - DL Hearing DISMISSED

My client was arrested for DWI in Austin, Texas, by an Officer of the Austin Police Department. The Officer stated that he stopped my client because the officer observed the vehicle jerking left and right.

The Officer reported that my client had a strong odor of alcohol coming from his breath, had bloodshot, glassy eyes, and was swaying.

My client REFUSED THE BREATH TEST.

My client did the Standardized Field Sobriety Tests (SFSTs). My client didn’t know he could refuse the tests. The Officer said my client exhibited 3 clues of intoxication on the HGN (eye jerking) test. The Officer said that my client displayed 6 of the 8 clues of intoxication on the Walk & Turn test. On the One Leg Stand test the Officer reported that my client swayed, hopped, and used his arms for balance.

Driving While Intoxicated - DL Hearing DISMISSED

2006-08-20T17:41:00.000-07:00

Driving While Intoxicated - DL Hearing DISMISSED

My client was arrested for DWI in Austin, Texas, by an Officer of the Austin Police Department. The Officer stated that he came in contact with my client because he had been involved in a collision.

The Officer reported that my client had a strong odor of alcohol coming from his breath, had bloodshot, watery and glassy eyes, and was swaying.

My client REFUSED THE BREATH TEST.

My client did the Standardized Field Sobriety Tests (SFSTs). My client didn’t know he could refuse the tests. The Officer said my client exhibited 6 clues of intoxication on the HGN (eye jerking) test. The Officer said that my client displayed 7 of the 8 clues of intoxication on the Walk & Turn test. On the One Leg Stand test the Officer reported that my client swayed and put a foot down.

Driving While Intoxicated - DL Hearing DISMISSED

2006-08-20T16:33:00.000-07:00

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.

Driving While Intoxicated - DL Hearing DISMISSED

2006-08-20T16:30:00.000-07:00

Driving While Intoxicated - DL Hearing DISMISSED

My client was arrested for DWI in Austin, Texas, by an Officer of the Austin Police Department. The Officer stated that he stopped my client because he was traveling 87 mph in a posted 60 mph roadway.

The Officer reported that my client had a strong odor of alcohol coming from his breath, had bloodshot, glassy eyes, and was swaying.

My client PROVIDED A BREATH TEST. My client didn’t know he could refuse the tests. He provided two breath specimens with a reported BAC of .112 and .110.

My client also did the Standardized Field Sobriety Tests (SFSTs). My client didn’t know he could refuse the tests. The Officer said my client exhibited 6 clues of intoxication on the HGN (eye jerking) test. The Officer said that my client displayed 1 of the 8 clues of intoxication on the Walk & Turn test. The Officer said that my client lost balance during instruction. On the One Leg Stand test The Officer reported that my client swayed.

Driving While Intoxicated - DL Hearing DISMISSED

2006-08-20T16:23:00.000-07:00

Driving While Intoxicated - DL Hearing DISMISSED

My client was arrested for DWI in Austin, Texas by an Officer of the Austin Police Department. The Officer stated that he approached my client as my client was changing a tire. My client stated to the Officer that he was driving and struck something in the roadway. The Officer reported that there had been a collision.

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 PROVIDED A BREATH SAMPLE of .140 and .146. My client also did the Standardized Field Sobriety Tests (SFSTs). My client didn’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 wrong # 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.

Driving While Intoxicated - DL Hearing DISMISSED

2006-08-20T16:00:00.000-07:00

Driving While Intoxicated - DL Hearing DISMISSED

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 didn’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 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.

Driving While Intoxicated - DL Hearing DISMISSED

2006-08-20T15:16:00.000-07:00

Driving While Intoxicated - DL Hearing DISMISSED

My client was arrested for DWI in Austin, Texas by an officer of the Austin Police Department. The Officer stated that he stopped my client because he appeared to be sleeping and sat through several changes of a traffic light.

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 didn’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 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.

Driving While Intoxicated - DL Hearing DISMISSED

2006-03-08T17:20:00.000-08:00

My client was arrested for DWI in Austin, Texas by a Trooper with the Texas Department of Public Safety. The Trooper stated that he stooped my client because he failed to signal a lane change which nearly caused a collision with another vehicle.

My client REFUSED TO PROVIDE A BREATH TEST. The Trooper reported that my client had a strong odor of alcohol coming from his breath and glassy eyes.

My client also 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. The Trooper said that my client swayed and put his foot down numerous times 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 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.

DWI Dismissed

2006-03-08T17:09:00.000-08:00

My client was arrested for DWI in Austin, Texas by an Officer with the Austin Police Department. The Officer reported that my client was stopped because the Officer pulled along the side of my client’s car and noticed an open container in his lap.

My client REFUSED THE BREATH TEST, but he did do the standardized Field Sobriety Tests (SFSTs).

The officer reported that my client had an odor of alcohol coming from his breath and his eyes were blood shot and glassy. The officer said my client exhibited 4 clues of intoxication on the HGN (eye jerking) test. The officer said that my client lost his balance during instruction, began before being instructed to start, and used his arms for balance on the Walk & Turn test. The officer said that my client exhibited 1 clue of intoxication on the One Leg Stand test.

We took the case to court and let the State know we were going to fight the case. Eventually, the prosecutor agreed to DISMISS THE DWI and my client pled to a traffic ticket with a small fine.

DWI Dismissed

2006-03-02T17:44:00.000-08:00

My client was arrested for a DWI in Austin, Texas by an officer with the Austin Police Department. The officer reported that my client was stopped because he had a defective tail light.

My client REFUSED THE BREATH TEST, but he did do the Standardized Field Sobriety Tests (SFSTs).

The officer reported that my client had an odor of alcohol coming from his breath and his eyes were bloodshot. The officer said my client exhibited 4 clues of intoxication on the HGN (eye jerking) test. The officer said that my client exhibited only 2 clues of intoxication on the Walk & Turn test. The officer said that my client used his arms for balance and put his foot down on the One Leg Stand test. It should be noted that my client also had high blood pressure, because we convinced the prosecutor that it was the high blood pressure that caused him to have balance problems, not the alcohol that he drank.

We took the case to court and let the State know we were going to fight the case. Eventually, the prosecutor agreed to DISMISS THE DWI and my client plead to a Non-DWI offense with a small fine.

DWI Dismissed

2006-03-02T17:34:00.000-08:00

My client was arrested for his SECOND DWI in Austin, Texas by an officer with the Austin Police Department. The officer reported that my client was stopped because he failed to turn on his headlights.

My client REFUSED THE BREATH TEST, but he did do the Standardized Field Sobriety Tests (SFSTs).

The officer reported that my client had a strong odor of alcohol coming from his breath and his eyes were bloodshot and glassy. The officer said my client exhibited 6 clues of intoxication on the HGN (eye jerking) test. The officer said that my client exhibited only 4 clues of intoxication on the Walk & Turn test. The officer said that my client swayed, used his arms for balance, hopped and put his foot down on the One Leg Stand test.

We took the case to court and let the State know we were going to fight the case. Eventually, the prosecutor agreed to DISMISS THE DWI and my client plead to a Non-DWI offense with a small fine.

DWI Dismissed

2006-03-02T17:28:00.000-08:00

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer reported that my client was stopped because he was speeding 60 miles per hour in a 45 mile per hour speed zone.

My client REFUSED THE BREATH TEST, but he did do the Standardized Field Sobriety Tests (SFSTs).

The officer reported that my client had a strong odor of alcohol coming from his breath and his eyes were bloodshot, watery and glassy. The officer said my client exhibited 6 clues of intoxication on the HGN (eye jerking) test. The officer said that my client exhibited only 1 clue of intoxication on the Walk & Turn test. The officer said that my client swayed, used his arms for balance and put his foot down on the One Leg Stand test.

We took the case to court and let the State know we were going to fight the case. Eventually, the prosecutor agreed to DISMISS THE DWI and my client plead to a Non-DWI offense with a small fine.

DWI Dismissed

2006-03-02T17:13:00.000-08:00

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 was stopped because he had a headlight out.

My client REFUSED THE BREATH TEST, but he did do the Standardized Field Sobriety Tests (SFSTs).

The officer reported that my client had a strong odor of alcohol coming from his breath and his eyes were bloodshot and glassy. The officer said my client exhibited 4 clues of intoxication on the HGN (eye jerking) test. The officer said that my client exhibited 4 clues of intoxication on the Walk & Turn test. The officer said that my client swayed on the One Leg Stand test.

We took the case to court and let the State know we were going to fight the case. Eventually, the prosecutor agreed to DISMISS THE DWI and my client plead to a Non-DWI Offense with a small fine.

DWI Dismissed

2006-02-21T09:02:00.000-08:00

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer reported that my client was stopped because she was speeding. The officer reported that she was going 51 in a 34 mile per hour zone.

My client REFUSED THE BREATH TEST, but she did the Standardized Field Sobriety Tests (SFSTs). She stated that she didn’t know she could refuse them.

The officer reported that my client had a strong odor of alcohol coming from her breath and her eyes were bloodshot. The officer said my client spoke with slurred speech. The officer said my client exhibited 6 clues of intoxication on the HGN (eye jerking) test. The officer said that my client lost her balance during instruction, began before being instructed, failed to touch heel to toe, stepped off the line, and used her arms for balance on the Walk & Turn test. The officer said that my client exhibited 32clues of intoxication on the One Leg Stand test.

We took the case to court and let the State know we were going to fight the case. Eventually, the prosecutor agreed to DISMISS THE DWI and my client plead to a Non-DWI charge with a small fine. We were also able to get deferred adjudication on the charge. What this means is that, with a few exceptions, we will be able to “Seal” the entire incident from future employers. This win was especially nice since there were immigration issued involved.

DWI Dismissed

2006-02-21T08:47:00.000-08:00

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer reported that my client was stopped because he went straight in a left turn only lane.

My client REFUSED THE BREATH TEST AND REFUSED THE STANDARDIZED FIELD SOBRIETY TESTS (SFSTs). (This was not his first arrest for DWI)

The officer reported that my client had a strong odor of alcohol coming from his breath and his eyes were glassy. The officer said my client admitted to have been at “a bunch of clubs on 6th Street.”

We took the case to court and let the State know we were going to fight the case. Eventually, the prosecutor agreed to DISMISS THE DWI and my client plead to a Non-DWI charge with a small fine. We were also able to get deferred adjudication on the charge. What this means is that we will be able to “Seal” the entire incident from nealry all future employers.

DWI Dismissed

2006-01-13T17:38:00.000-08:00

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer reported that my client was stopped because he was speeding, 46/35.

My client REFUSED THE BREATH TEST, but he did do the standardized Field Sobriety Tests (SFSTs).

The officer reported that my client had a strong odor of alcohol coming from his breath and his eyes were bloodshot, watery and glassy. The officer said my client exhibited 6 clues of intoxication on the HGN (eye jerking) test. The officer said that my client exhibited 3 of the 8 clues of intoxication on the Walk & Turn test. The officer said that my client swayed, hopped, and used his arms for balance on the One Leg Stand test.

We took the case to court and let the State know we were going to fight the case. Eventually, the prosecutor agreed to DISMISS THE DWI and my client plead to a Non-DWI offense with a small fine.

DWI Dismissed

2006-01-13T17:28:00.000-08:00

My client was arrested for DWI in Round Rock, Williamson County, Texas by an officer with the Round Rock Police Department. The officer reported that my client was stopped because she was weaving and striking concrete barriers as she drove down the highway.

My client SUBMITTED TO A BLOOD TEST, which came back positive for Cocaine and Xanax.

We took the case to court and let the State know we were going to fight the case. Eventually, the prosecutor agreed to DISMISS THE DWI and my client plead to a NON-DWI Offense. This will allow my client to have the DWI erased from her record, and deny that she was ever arrested for DWI.

Driving While Intoxicated - DL Hearing DISMISSED

2006-01-13T17:16:00.000-08:00

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer stated that he stopped my client for driving too fast and for playing his car stereo too loud.

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 glassy eyes. The officer also stated that my client spoke with slurred speech.

My client also did the Standardized Field Sobriety Tests (SFSTs). The Officer said my client exhibited all 6 clues of intoxication on the HGN (eye jerking) test. The Officer said that my client displayed 6 of the 8 clues of intoxication on the Walk & Turn test. The Officer said that my client used his arms for balance, swayed, 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. We argued to the ALR judge that DPS couldn’t prove all the necessary elements necessary to suspend my client’s license. The judge ruled that we were correct and denied DPS’ request to suspend my client’s license. His LICENSE WAS NOT SUSPENDED.

Driving While Intoxicated - DL Hearing DISMISSED

2006-01-13T17:07:00.000-08:00

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer stated that he stopped my client for speeding, 58/45.

My client PROVIDED A BLOOD TEST. My client didn’t know he could refuse the test. The officer reported that my client had an odor of alcohol coming from his breath and had trouble walking.

My client also did the Standardized Field Sobriety Tests (SFSTs). 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 used his arms for balance 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. We argued to the ALR judge that DPS couldn’t prove all the necessary elements necessary to suspend my client’s license. The judge ruled that we were correct and denied DPS’ request to suspend my client’s license. His LICENSE WAS NOT SUSPENDED.

DWI Dismissed

2005-12-18T12:30:00.000-08:00

My client was arrested for DWI in Manor, Texas by an officer with the Manor Police Department. The officer reported that she stopped my client because he had a license plate light not functioning.

My client REFUSED TO PROVIDE A BREATH TEST. (It was not my client’s first arrest for DWI) The officer reported that my client had a strong odor of alcohol coming from his breath and bloodshot and glassy eyes.

My client also did the Standardized Field Sobriety Tests (SFSTs). The officer said my client exhibited 6 clues of intoxication on the HGN (eye jerking) test. The officer said that my client exhibited 2 clues of intoxication on the Walk & Turn test. The officer said that my client swayed and used his arms for balance on the One Leg Stand test.

We took the case to court and let the State know we were going to fight the case. Eventually, the prosecutor agreed to DISMISS THE DWI and my client plead to a Non-DWI offense. This will allow us to have the DWI completely erased from his record.

DWI Dismissed

2005-12-18T12:24:00.000-08:00

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer reported that he came into contact with my client because he was involved in a collision.

My client PROVIDED A BREATH TEST. My client didn’t know he could refuse the tests. The officer reported that my client had a strong odor of alcohol coming from his breath and bloodshot and glassy eyes. He provided two breath specimens with a reported BAC of .098 and .096.

My client also did the Standardized Field Sobriety Tests (SFSTs). The officer said my client exhibited 6 clues of intoxication on the HGN (eye jerking) test. The officer said that my client exhibited 3 clues of intoxication on the Walk & Turn test. The officer said that my client put his foot down on the One Leg Stand test.

Driving While Intoxicated - DL Hearing DISMISSED

2005-12-18T12:08:00.000-08:00

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer stated that he stopped my client because he said that my client fit the description of someone reported as causing a disturbance.

My client REFUSED TO PROVIDE A BREATH TEST. It wasn’t his first arrest for DWI. The Officer stated that my client had a strong odor of alcohol on his breath and had bloodshot, glassy and watery eyes. He also stated that my client spoke with slurred speech.

My client did the Standardized Field Sobriety Tests (SFSTs). He stated that he didn’t know he could refuse them. The Officer said my client exhibited all 6 clues of intoxication on the HGN (eye jerking) test. The Officer said that my client displayed 5 of the 8 clues of intoxication on the Walk & Turn test. The Officer said that my client refused to perform 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. We argued to the ALR judge that DPS couldn’t prove all the necessary elements necessary to suspend my client’s license. The judge ruled that we were correct and denied DPS’ request to suspend my client’s license. His LICENSE WAS NOT SUSPENDED.

Driving While Intoxicated - DL Hearing DISMISSED

2005-12-18T11:59:00.000-08:00

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer stated that he found my client passed out behind the wheel of his car.

My client PROVIDED A BREATH TEST. My client didn’t know he could refuse the tests. The officer reported that my client had a strong odor of alcohol coming from his breath and bloodshot and glassy eyes. He provided two breath specimens with a reported BAC of .189 and .194.

My client also did the Standardized Field Sobriety Tests (SFSTs). The Officer said my client exhibited all 6 clues of intoxication on the HGN (eye jerking) test. The Officer said that my client displayed 5 of the 8 clues of intoxication on the Walk & Turn test. The Officer said that my client swayed, used his arms for balance and put his foot down 9 times 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. We argued to the ALR judge that DPS couldn’t prove all the necessary elements necessary to suspend my client’s license. The judge ruled that we were correct and denied DPS’ request to suspend my client’s license. His LICENSE WAS NOT SUSPENDED.

Driving While Intoxicated - DL Hearing DISMISSED

2005-12-14T15:15:00.000-08:00

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer stopped my client because the officer said that my client ran a flashing red light and struck a curb.

My client PROVIDED A BREATH TEST. My client didn’t know he could refuse the tests. The officer reported that my client had a strong odor of alcohol coming from his breath. He provided two breath specimens with a reported BAC of .161 and .162.

My client also did the Standardized Field Sobriety Tests (SFSTs). The Officer said my client exhibited 6 of the 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 swayed and used his arms for balance on the One Leg Stand test.

We appealed the so called "automatic" suspension of her driver's license.

We filed discovery requests and subpoenaed all the officers involved to justify our client's arrest and the suspension.We argued to the ALR judge that DPS couldn’t prove all the necessary elements necessary to suspend my client’s license. The judge ruled that we were correct and denied DPS’ request to suspend my client’s license. His LICENSE WAS NOT SUSPENDED.

Driving While Intoxicated - DL Hearing DISMISSED

2005-12-14T15:04:00.000-08:00

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer stopped my client because the officer said that my client was going the wrong way on a one way street. My client admitted to drinking 5 drinks.

My client also did the Standardized Field Sobriety Tests (SFSTs). The Officer said my client exhibited 5 of the 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 swayed on the One Leg Stand test.

We appealed the so called "automatic" suspension of his driver's license.

Driving While Intoxicated - DL Hearing DISMISSED

2005-12-14T14:26:00.000-08:00

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer stopped my client because he saw her get out of her car and stumble into a convenience store. The officer reported that my client admitting to drinking 4 glasses of wine.

My client PROVIDED A BREATH TEST. My client didn’t know she could refuse the tests. The officer reported that my client had a strong odor of alcohol coming from her breath. She provided two breath specimens with a reported BAC of .176 and .177.

My client also did the Standardized Field Sobriety Tests (SFSTs). The Officer said my client exhibited all 6 clues of intoxication on the HGN (eye jerking) test. The Officer said that my client displayed 5 of the 8 clues of intoxication on the Walk & Turn test. The Officer said that my client used her arms for balance and put her foot down four times on the One Leg Stand test.

We appealed the so called "automatic" suspension of her driver's license.

We filed discovery requests and subpoenaed all the officers involved to justify our client's arrest and the suspension.We argued to the ALR judge that DPS couldn’t prove all the necessary elements necessary to suspend my client’s license. The judge ruled that we were correct and denied DPS’ request to suspend my client’s license. Her LICENSE WAS NOT SUSPENDED.

Driving While Intoxicated - DL Hearing DISMISSED

2005-12-14T08:57:00.000-08:00

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer stopped my client for having expired license plates and driving on the shoulder of the road. My client admitting to drinking 3 beers. The officer reported that my client had a strong odor of alcohol coming from his breath and bloodshot and watery eyes.

My client also did the Standardized Field Sobriety Tests (SFSTs). 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 his arms for balance and put his foot down numerous times 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.

We argued to the ALR judge that DPS couldn’t prove all the necessary elements necessary to suspend my client’s license. The judge ruled that we were correct and denied DPS’ request to suspend my client’s license. His LICENSE WAS NOT SUSPENDED.

Driving While Intoxicated - DL Hearing DISMISSED

2005-11-29T09:37:00.000-08:00

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer came in contact with my client because he was involved in a collision. The officer reported that my client had a strong odor of alcohol coming from his breath and bloodshot and glassy eyes. The officer also reported that my client slurred his words.

My client REFUSED THE PROVIDED A BREATH TEST. My client also Refused the Standardized Field Sobriety Tests (SFSTs).

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.

We argued to the ALR judge that DPS couldn’t prove all the necessary elements necessary to suspend my client’s license. The judge ruled that we were correct and denied DPS’ request to suspend my client’s license. His LICENSE WAS NOT SUSPENDED.

2nd DWI Dismissed

2005-11-29T09:15:00.000-08:00

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer reported that my client was stopped because he ran a red light.

My client REFUSED THE BREATH TEST, but he did do the Standardized Field Sobriety Tests (SFSTs).

The officer reported that my client had an odor of alcohol coming from his breath and his eyes were glassy. The officer reported that my client had slurred speech. The officer said my client exhibited 6 clues of intoxication on the HGN (eye jerking) test. The officer said that my client exhibited 2 clues of intoxication on the Walk & Turn test. The officer said that my client swayed on the One Leg Stand test.

We took the case to court and let the State know we were going to fight the case. Eventually, the prosecutor agreed to DISMISS THE DWI and my client plead to a Non-DWI offense with a small fine. This was a particularly good win, because this was my client’s 2nd DWI, which upon conviction, would require mandatory jail time.

DWI Dismissed

2005-11-28T15:03:00.000-08:00

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer reported that my client was stopped because he was driving without his headlights.

My client REFUSED THE BREATH TEST, but he did do the standardized Field Sobriety Tests (SFSTs).

The officer reported that my client had a strong odor of alcohol coming from his breath and his eyes were bloodshot and glassy. The officer said my client exhibited 6 clues of intoxication on the HGN (eye jerking) test. The officer said that my client exhibited 4 of the 8 clues of intoxication on the Walk & Turn test. The officer said that my client swayed, used his arms for balance and put his foot down on the One Leg Stand test.

We took the case to court and let the State know we were going to fight the case. Eventually, the prosecutor agreed to DISMISS THE DWI and my client plead to a Non-DWI offense with a small fine.

DWI Dismissed

2005-11-28T14:55:00.000-08:00

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer reported that my client was stopped because she was speeding and failed to use her turn signal.

My client PROVIDED A BLOOD TEST, and performed the standardized Field Sobriety Tests (SFSTs).

The officer reported that my client had an odor of alcohol coming from her breath and her eyes were watery and glassy. The officer said my client exhibited 6 clues of intoxication on the HGN (eye jerking) test. The officer said that my client exhibited 5 of the 8 clues of intoxication on the Walk & Turn test. The officer said that my client swayed, used her arms for balance and put her foot down on the One Leg Stand test.

We took the case to court and let the State know we were going to fight the case. Eventually, the prosecutor agreed to DISMISS THE DWI and my client plead to a Non-DWI charge with a small fine.

Driving While Intoxicated - DL Hearing DISMISSED

2005-11-22T14:58:00.000-08:00

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer stopped my client because he was involved in a collision where he actually hit a pedestrian. The officer reported that my client had a strong odor of alcohol coming from his breath and bloodshot and glassy eyes.

My client REFUSED TO PROVIDE A BREATH TEST. He did, however, do the Standardized Field Sobriety Tests (SFSTs). My client didn’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 8 of the 8 clues of intoxication on the Walk & Turn test. The Officer said that my client swayed, used his arms for balance and put his foot down numerous times 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.

Driving While Intoxicated - DL Hearing DISMISSED

2005-11-22T14:17:00.000-08:00

My client was arrested for DWI in Cedar Park, Texas by an officer with the Cedar Park Police Department. The officer stopped my client because a witness said she was weaving all over the road and the officer stated that my client’s car had damage to the front end, indicating she had been in an accident. The officer reported that my client had a strong odor of alcohol coming from her breath, bloodshot eyes and slurred speech.

My client PROVIDED A BREATH TEST. My client didn’t know she could refuse the tests. She provided two breath specimens with a reported BAC of .161 and .161.

My client also did the Standardized Field Sobriety Tests (SFSTs). The Officer said my client exhibited all 6 clues of intoxication on the HGN (eye jerking) test. The Officer said that my client displayed 5 of the 8 clues of intoxication on the Walk & Turn test. The Officer said that my client swayed, used her arms for balance and put his foot down numerous times on the One Leg Stand test.

We appealed the so called "automatic" suspension of her driver's license. We filed discovery requests and subpoenaed all the officers involved to justify our client's arrest and the suspension.

DWI Dismissed

2005-11-17T12:56:00.000-08:00

My client was arrested for DWI in Georgetown, Williamson County, Texas by an officer with the Georgetown Police Department. The officer reported that my client was stopped because he was weaving as he drove down the highway.

My client PROVIDED A BREATH TEST. My client didn’t know he could refuse the tests. He provided two breath specimens with a reported BAC of .131 and .139. The officer reported that my client had a strong odor of alcohol coming from his breath and his eyes were bloodshot and glassy.

My client also did the Standardized Field Sobriety Tests (SFSTs). 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 was not able to hold his foot up for the requested length of time on the One Leg Stand test.

We took the case to court and let the State know we were going to fight the case. Eventually, the prosecutor agreed to DISMISS THE DWI and my client plead to a non-DWI charge with a small fine. We were also able to keep his driver's license from being suspended in the ALR process.

Driving While Intoxicated - DL Hearing DISMISSED

2005-11-14T20:12:00.000-08:00

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer made contact with my client because he said she was stalled at an intersection and had a cracked windshield. The officer stated that he stopped her because he was concerned for her well being. The officer reported that my client had a strong odor of alcohol coming from her breath and bloodshot and glassy eyes. The officer also said that when she spoke her speech was slurred.

My client REFUSED THE BREATH TEST. My client did the Standardized Field Sobriety Tests (SFSTs). She said she didn't know she could refuse them. The Officer said my client exhibited all 6 clues of intoxication on the HGN (eye jerking) test. The Officer said that my client displayed 7 of the 8 clues of intoxication on the Walk & Turn test. The Officer said that my client swayed and put her foot down on the One Leg Stand test.

We appealed the so called "automatic" suspension of her driver's license.

We filed discovery requests and subpoenaed all the officers involved to justify our client's arrest and the suspension. We argued to the ALR judge that DPS couldn’t prove the officer had resonable suspicion to stop my client and therefore, couldn't satisfy all the necessary elements necessary to suspend my client’s license. The judge ruled that we were correct and denied DPS’ request to suspend my client’s license. Her LICENSE WAS NOT SUSPENDED.

Driving While Intoxicated - DL Hearing DISMISSED

2005-11-14T20:00:00.000-08:00

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer made contact with my client because he was involved in a collission. The officer reported that my client had a strong odor of alcohol coming from his breath and glassy eyes.

My client REFUSED THE BREATH TEST. My client did the Standardized Field Sobriety Tests (SFSTs). He said he didn't know he could refuse them. The Officer said my client exhibited all 6 clues of intoxication on the HGN (eye jerking) test. The Officer said that my client displayed 7 of the 8 clues of intoxication on the Walk & Turn test. The Officer said that my client swayed, used his arms for balance and put his foot down 5 times 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.We argued to the ALR judge that DPS couldn’t prove all the necessary elements necessary to suspend my client’s license. The judge ruled that we were correct and denied DPS’ request to suspend my client’s license. His LICENSE WAS NOT SUSPENDED.

Driving While Intoxicated - DL Hearing DISMISSED

2005-11-08T12:40:00.000-08:00

My client was arrested for DWI in Travis County, Texas by a trooper with the Texas Highway Patrol. The officer made contact with my client because he said she ran into the back of a motorcycle and then drove into a ditch. The trooper reported that my client had a strong odor of alcohol coming from her breath and bloodshot glassy and watery eyes.

My client felt as if the trooper had made up his mind to arrest her regardless of how she did on the test, so she REFUSED THE FIELD TESTS. My client REFUSED A BREATH SAMPLE, as well. She did however admit to drinking 3 glasses of wine and 2 beers.

We appealed the so called "automatic" suspension of her driver's license. We filed discovery requests and subpoenaed all the officers involved to justify our client's arrest and the suspension. We argued to the ALR judge that DPS couldn’t prove all the necessary elements necessary to suspend my client’s license. The judge ruled that we were correct and denied DPS’ request to suspend my client’s license. Her LICENSE WAS NOT SUSPENDED.

Driving While Intoxicated - DL Hearing DISMISSED

2005-11-08T12:33:00.000-08:00

My client was arrested for DWI in Austin, Texas by a Deputy with the Travis County Sheriff's Department. The deputy stopped my client for swerving. The deputy reported that my client had a strong odor of alcohol coming from his breath and that he slurred his words when he spoke.

My client PROVIDED A BREATH TEST. My client didn’t know he could refuse the tests. He provided two breath specimens with a reported BAC of .140 and .142.

My client also did the Standardized Field Sobriety Tests (SFSTs). 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 put his foot down and refused to continue 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.We argued to the ALR judge that DPS couldn’t prove all the necessary elements necessary to suspend my client’s license. The judge ruled that we were correct and denied DPS’ request to suspend my client’s license. His LICENSE WAS NOT SUSPENDED.

2nd DWI Dismissed - No Probation, No Fine

2005-10-27T17:50:00.000-07:00

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer said he stopped her because she was weaving.

The officer reported that he detected an odor of alcohol from my client and had glassy and watery eyes. My client PROVIDED A BREATH SAMPLE. She provided two breath specimens with a reported BAC of .19 and .201. She REFUSED THE FIELD SOBRIETY TESTS. She stated that she didn't know she could refuse the breath test. Her previous attorney never told her she could refuse. This was especially frustrating since this was not her first DWI.

We took the case to court and let the State know we were going to fight the case. After challenging the legal sufficiency of the stop, it was apparent that the Judge was going to grant our Motion to Suppress all the evidence. The prosecutor agreed to outright DISMISS THE DWI. (No probation, no fine, no community service)

The wonderful thing about this is that we will now file a motion to have all the arrest records destroyed. This will allow my client to legally deny that she was EVER arrested for this charge.

Also, had she been convicted of the 2nd DWI, she would have faced mandatory jail time.

DWI Dismissed

2005-10-27T17:13:00.000-07:00

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer reported that my client was stopped because he ran a red light.

My client REFUSED THE BREATH TEST, but he did do the standardized Field Sobriety Tests (SFSTs).The officer reported that my client had an odor of alcohol coming from his breath and his eyes were glassy. The officer said my client exhibited 5 clues of intoxication on the HGN (eye jerking) test. The officer said that my client failed to touch heel to toe, turned improperly and stepped off the line on the Walk & Turn test.

We took the case to court and let the State know we were going to fight the case. Eventually, the prosecutor agreed to DISMISS THE DWI and my client plead to a Non-DWI offense ticket with a small fine. We were also able to get the Non-DWI case deferred, so after the deferral period, we will be able to have that record sealed.

DWI Dismissed

2005-10-27T17:00:00.000-07:00

My client was arrested for DWI in Austin, Texas by a Trooper with the Texas Department of Public Safety. The Trooper reported that my client was stopped because he traveled at a high rate of speed right next to the stopped Trooper, when the Trooper had his overhead lights on.

My client REFUSED THE BREATH TEST, but he did do the standardized Field Sobriety Tests (SFSTs).

The Trooper reported that my client had an odor of alcohol coming from his breath and his eyes were glassy. The Trooper also stated that my client also slurred his words. The Trooper said my client exhibited 4 clues of intoxication on the HGN (eye jerking) test. The Trooper said that my client lost his balance during instruction, turned improperly and took the wrong number of steps on the Walk & Turn test. The Trooper said that my client exhibited 3 clues of intoxication on the One Leg Stand test.

We took the case to court and let the State know we were going to fight the case. Eventually, the prosecutor agreed to DISMISS THE DWI and my client pled to a traffic ticket with a small fine.

DWI Dismissed

2005-10-21T13:48:00.000-07:00

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer reported that my client was stopped because he was traveling at a slow rate of speed with his hand out the window exhibiting his middle finger to another car. (a form of road rage)

My client REFUSED THE BREATH TEST, but he did do the standardized Field Sobriety Tests (SFSTs).The officer reported that my client had a strong odor of alcohol coming from his breath and his eyes were bloodshot, watery and glassy. The officer said my client exhibited 6 clues of intoxication on the HGN (eye jerking) test. The officer said that my client turned improperly and stepped off the line on the Walk & Turn test.

We took the case to court and let the State know we were going to fight the case. Eventually, the prosecutor agreed to DISMISS THE DWI and my client pled to Deferred Adjudication on a non-DWI Charge. Once he has completed his deferral period, we can get that record sealed which will allow him to deny that it ever happened. In short, our client will end up with NO convictions of anything.

DWI Dismissed - No Probation, No Fine

2005-10-12T08:09:00.000-07:00

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The Officer said he stopped her because he had a report of a disturbance and her car was identified as having been involved in the dispute.

My client also had an open container of beer in the car. The Officer reported that my client had a strong odor of alcohol coming from her breath and bloodshot, watery glassy and dialated eyes. My client REFUSED TO PROVIDED A BREATH SAMPLE. She did, however, perform the field tests. She stated that he didn't know she could refuse them.

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 swayed and used her arms for balance on the One Leg Stand test.

We took the case to court and let the State know we were going to fight the case. After presenting our case, the prosecutor agreed to outright DISMISS THE DWI. (No probation, no fine, no community service)

The wonderful thing about this is that we will now file a motion to have all the arrest records destroyed. This will allow my client to legally deny that she was EVER arrested.

DWI Dismissed - No Probation, No Fine

2005-10-12T08:01:00.000-07:00

My client was arrested for DWI in Austin, Texas by a Trooper with the Texas Department of Public Safety. The Trooper said he stopped him because he was speeding, 66 in a 60 mile per hour zone.

The Trooper reported that my client had a strong odor of alcohol coming from his breath and bloodshot, watery eyes. My client REFUSED TO PROVIDED A BREATH SAMPLE. He did, however, perform the field tests. He stated that he didn't know he could refuse them.

The Trooper said my client exhibited all 6 clues of intoxication on the HGN (eye jerking) test. The Trooper said that my client displayed 2 of the 8 clues of intoxication on the Walk & Turn test. The Trooper said that my client swayed, used his arms for balance, hopped and put his foot down on the One Leg Stand test.

We took the case to court and let the State know we were going to fight the case. Eventually, the prosecutor agreed to outright DISMISS THE DWI. (No probation, no fine, no community service)

The wonderful thing about this is that we will now file a motion to have all the arrest records destroyed. This will allow my client to legally deny that he was EVER arrested.

Driving While Intoxicated - DL Hearing DISMISSED

2005-09-27T12:52:00.000-07:00

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer stopped my client for swerving. My client also had 5 open containers of beer in the car. The officer reported that my client had a strong odor of alcohol coming from his breath and bloodshot and watery eyes.

My client also did the Standardized Field Sobriety Tests (SFSTs). The Officer said my client exhibited all 6 clues of intoxication on the HGN (eye jerking) test. The Officer said that my client displayed 7 of the 8 clues of intoxication on the Walk & Turn test. The Officer said that my client swayed, used her arms for balance and put his foot down numerous times on the One Leg Stand test.

We appealed the so called "automatic" suspension of his driver's license.

DWI Dismissed

2005-09-20T14:08:00.000-07:00

My client was arrested for DWI in Austin, Texas by a trooper with the Department of Public Safety. The trooper reported that my client was stopped because he was swerving and didn’t use his turn signal when he changed lanes.

My client PROVIDED A BREATH TEST, and he did the Standardized Field Sobriety Tests (SFSTs).

The trooper reported that my client said he had 5-6 beers in one hour. The trooper said my client exhibited 6 clues of intoxication on the HGN (eye jerking) test. The trooper said that my client exhibited 4 of the 8 signs of intoxication on the Walk & Turn test. The trooper said that my client exhibited 3 clues of intoxication on the One Leg Stand test, including putting his foot down 3 times. The Trooper said that he stopped this test because he was afraid that my client might fall and hurt himself, based on his performance.

We took the case to court and let the State know we were going to fight the case. Eventually, the prosecutor agreed to DISMISS THE DWI and my client pled to a non-DWI offense with a small fine.

DWI Dismissed

2005-09-18T06:30:00.000-07:00

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer reported that my client was stopped because he was speeding 48 miles per hour in a 35 mile per hour speed zone.

My client REFUSED THE BREATH TEST, but he did do the standardized Field Sobriety Tests (SFSTs).

The officer reported that my client had a strong odor of alcohol coming from his breath and his eyes were bloodshot and glassy. The officer said my client exhibited 6 clues of intoxication on the HGN (eye jerking) test. The officer said that my client exhibited 5 clues of intoxication on the Walk & Turn test. The officer said that my client swayed on the One Leg Stand test.

We took the case to court and let the State know we were going to fight the case. Eventually, the prosecutor agreed to DISMISS THE DWI and my client pled to a non-DWI offense with a small fine.

DWI Dismissed

2005-09-14T07:44:00.000-07:00

My client was arrested for DWI in Austin, Texas by a trooper with the Texas Highway Patrol. The trooper reported that my client was stopped because he was speeding 68 miles per hour in a 55 mile per hour speed zone.

My client REFUSED THE BREATH TEST and he REFUSED THE PORTABLE BREATH TEST (hand held devise), but he did do the standardized Field Sobriety Tests (SFSTs).

The trooper reported that my client had an odor of alcohol coming from his breath and his eyes were glassy. The trooper also said that my client spoke with slurred speech. The trooper said my client exhibited 6 clues of intoxication on the HGN (eye jerking) test, as well as vertical nystagmus. The trooper said that my client exhibited 4 clues of intoxication on the Walk & Turn test. The trooper said that my client swayed, put his foot down and used his arms for balance on the One Leg Stand test.

We took the case to court and let the State know we were going to fight the case. When the prosecutor realized that I wasn’t going to plead my client to a DWI, as is too often the case in our courtrooms, the prosecutor agreed to DISMISS THE DWI and my client pled to a non-DWI charge with a small fine.

DWI Dismissed

2005-09-12T16:25:00.000-07:00

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer reported that my client was stopped because he was speeding 44 miles per hour in a 30 mile per hour speed zone.

My client REFUSED THE BREATH TEST, but he did do the standardized Field Sobriety Tests (SFSTs).

The officer reported that my client had a strong odor of alcohol coming from his breath and his eyes were bloodshot and glassy. The officer said my client exhibited 6 clues of intoxication on the HGN (eye jerking) test. The officer said that my client turned improperly on the Walk & Turn test. The officer said that my client exhibited 2 clues of intoxication on the One Leg Stand test.

We took the case to court and let the State know we were going to fight the case. Eventually, the prosecutor agreed to DISMISS THE DWI and my client pled to a speeding ticket with a small fine.

DWI Dismissed

2005-08-19T09:15:00.000-07:00

My client was arrested for DWI in Austin, Texas by a trooper with the Texas Department of Public Safety. The officer reported that my client was stopped because he was driving on a shoulder of the roadway.

My client REFUSED THE BREATH TEST, but he did do the standardized Field Sobriety Tests (SFSTs).

The trooper reported that my client had a strong odor of alcohol coming from his breath and his eyes were bloodshot and watery. The trooper reported that my client had slurred and mumbled speech. The trooper said my client exhibited 6 clues of intoxication on the HGN (eye jerking) test. The trooper said that my client displayed 4 of the 8 clues of intoxication on the Walk & Turn test. The trooper said that my client swayed on the One Leg Stand test. My Client told the trooper that he drank 7 beers. My client was also charged with having an illegal weapon in the vehicle.

We took the case to court and let the State know we were going to fight the case. Eventually, the prosecutor agreed to DISMISS THE DWI and the weapons charge and my client pled to a Non-DWI charge.

DWI Dismissed

2005-08-12T08:24:00.000-07:00

My client was arrested for DWI in Austin, Texas by a Deputy Sheriff with the Travis County Sheriff’s Department. The officer stopped my client for weaving. The officer reported that my client had an odor of alcohol coming from his breath and bloodshot eyes.

My client is an ex-police officer, so he knew it would be in his best interest to REFUSE THE FIELD TESTS, ALL THE TESTS including the BREATH TEST.

My client admitted to drinking “2-3 beers.”

We took the case to court and let the State know we were going to fight the case. Knowing they had a weak case, the prosecutor agreed to DISMISS THE DWI, with the understanding that if my client commits no new offenses over the next year and agrees to pay a small fine for a traffic ticket, the case can be expunged from his records.

DWI Dismissed - and ALR Hearing Dismissed

2005-08-12T07:52:00.000-07:00

My client was arrested for DWI in Hays County, Texas by a trooper with the Texas Highway Patrol. The officer stopped my client for speeding, 100 miles per hour in a 65 mile per hour zone. My client also had an open container of beer in the car. The officer reported that my client had a strong odor of alcohol coming from his breath and bloodshot and glassy eyes.

My client felt as if the trooper had made up his mind to arrest him regardless of how he did on the test, so he REFUSED THE FIELD TESTS.

My client REFUSED A BREATH SAMPLE, as well. He did however admit to drinking “a couple of pitchers of beer.”

We took the case to court and let the State know we were going to fight the case. Knowing they had a weak case, the prosecutor agreed to DISMISS THE DWI, with the understanding that my client would be placed on deferred adjudication of a Non-DWI offense and pay a small fine. The wonderful thing about this is that it will allow us to file a Petition to have all my client’s arrest records destroyed. On another note, we were also able to keep my client’s license from EVER being suspended in the ALR process. His ALR HEARING was DISMISSED.

Driving While Intoxicated - DL Hearing DISMISSED

2005-08-12T07:38:00.000-07:00

My client was involved in a collision. He was subsequently arrested in Austin, Texas for DWI by the Austin Police Department.

My client PROVIDED A BREATH TEST. My client didn’t know he could refuse the tests. The officer reported that my client had a strong odor of alcohol coming from his breath. The officer reported that he had bloodshot and glassy eyes. He provided two breath specimens with a reported BAC of .131 and .129.

My client also did the Standardized Field Sobriety Tests (SFSTs). The Officer said my client exhibited all 6 clues of intoxication on the HGN (eye jerking) test. The Officer said that my client displayed 7 of the 8 clues of intoxication on the Walk & Turn test. The Officer said that my client swayed, hopped and put his foot down numerous times 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.

We argued to the ALR judge that DPS couldn’t prove all the necessary elements necessary to suspend my client’s license. The judge ruled that we were correct and denied DPS’ request to suspend my client’s license. His LICENSE WAS NOT SUSPENDED.

DWI Dismissed

2005-08-08T08:11:00.000-07:00

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer stopped my client for not wearing her seat belt.

The officer reported that my client had a strong odor of alcohol coming from her breath and bloodshot and watery eyes. My client didn’t know she could refuse the Field Sobriety Tests, so she did them. The Officer said my client exhibited all 6 clues of intoxication on the HGN (eye jerking) test. The Officer said that my client displayed 5 of the 8 clues of intoxication on the Walk & Turn test. The Officer said that my client used her arms for balance and put her foot down twice on the One Leg Stand test.

My client REFUSED A BREATH SAMPLE. She had an open container in the car and admitted to drinking three beers.

Instead of just pleading guilty, as many lawyers would have advised, we took the case to court and let the State know we were going to fight the case.

Knowing they we would fight the case to the end, the prosecutor agreed to DISMISS THE DWI, with the understanding that my client would pled guilty to a Class C traffic ticket and pay a small fine.

The wonderful thing about this is that it will allow us to file a Petition to have all my client’s arrest records destroyed.

DWI Dismissed

2005-08-05T12:06:00.000-07:00

My client was arrested for DWI in Williamson County, Texas by a trooper with the Texas Department of Public Safety. The officer responded to a rollover car accident involving my client.

The officer reported that my client had an “overwhelming” odor of alcohol coming from his breath and his eyes were bloodshot and glassy. The Officer reported that my client had slurred and thick-tongued speech. My client was taken to the hospital where blood was drawn against his wishes. My client also admitted to drinking three "Tall Boys."

This was a particularly difficult case because my client already had a DWI reduced back in 1998.

Instead of just pleading guilty, as many lawyers would have advised, we took the case to court and let the State know we were going to fight the case. Eventually, the prosecutor agreed to DISMISS THE DWI and my client pled to a Non-DWI charge.

Driving While Intoxicated - DL Hearing DISMISSED

2005-07-27T14:48:00.000-07:00

My client was involved in a collision in which three cars were hit. He was arrested in Austin, Texas for DWI by the Austin Police Department.

My client REFUSED A BREATH TEST and the Standardized Field Sobriety Tests (SFSTs).

The officer reported that my client had a strong odor of alcohol coming from his breath. The officer reported that he had bloodshot and glassy eyes. The Officer said my client’s speech was slurred and he mumbled.

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.

We were successful in keeping our client's license from being suspended. We were able to get his ALR Hearing DISMISSED.

Driving While Intoxicated - DL Hearing DISMISSED

2005-07-18T14:24:00.000-07:00

My client was stopped for speeding, 80 miles per hour in a 65 mile per hour zone. She was arrested in Austin, Texas for DWI by the Austin Police Department.

My client PROVIDED A BREATH TEST. My client stated that she didn’t know she could refuse the tests. She provided two breath specimens with a reported BAC of .171 and .166.

My client also did the Standardized Field Sobriety Tests (SFSTs). Again, she didn’t know she had the right to refuse them. The officer reported that my client had a strong odor of alcohol coming from her breath. The officer reported that she had bloodshot eyes. The Officer said my client exhibited all 6 clues of intoxication on the HGN (eye jerking) test. The Officer said that my client displayed 5 of the 8 clues of intoxication on the Walk & Turn test. The Officer said that my client swayed and put her foot down 3 times 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.

We were successful in keeping our client's license from being suspended. We were able to get her ALR Hearing DISMISSED.

DWI Dismissed

2005-07-14T07:57:00.000-07:00

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer stopped him because he drove through a double barricade on a closed lane of traffic.

The officer reported that my client had an odor of alcohol coming from his breath and bloodshot, watery and glassy eyes. The Officer said my client exhibited 2 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 swayed, used his arms for balance and put his foot down 4 times on the One Leg Stand test. My Client told the officer that he “couldn’t do the one leg stand if he was sober.”

My Client was not aware that he had a right to refuse a breath sample and PROVIDED A BREATH SAMPLE.

Instead of just pleading guilty, as many lawyers would have advised, we took the case to court and let the State know we were going to fight the case. Eventually, the prosecutor agreed to outright DISMISS THE DWI, with the understanding that my client would pled to a traffic ticket for disregarding the barricade and pay a small fine.

I am proud to also report that we kept his license from being suspended in the ALR process as well.

Driving While Intoxicated - DL Hearing DISMISSED

2005-07-12T19:47:00.000-07:00

My client was stopped for speeding, 52 miles per hour in a 40 mile per hour zone. He was arrested in Austin, Texas for DWI by the Austin Police Department.

My client REFUSED THE BREATH TEST, but he did do the standardized Field Sobriety Tests (SFSTs). He didn’t know he had the right to refuse them.

The officer reported that my client had a strong odor of alcohol coming from his breath. The officer reported that he had bloodshot and glassy eyes. 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 his arms for balance, and put his foot down 5 times 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.

We were successful in keeping our client's license from being suspended. We were able to get his ALR Hearing DISMISSED.

Driving While Intoxicated - DL Hearing DISMISSED

2005-07-12T19:42:00.000-07:00

My client was stopped for speeding, 110 miles per hour in a 60 mile per hour zone. He was arrested in Austin, Texas for DWI by the Austin Police Department.

My client REFUSED THE BREATH TEST, but he did do the standardized Field Sobriety Tests (SFSTs). He didn’t know he had the right to refuse them.

The officer reported that my client had a strong odor of alcohol coming from his breath. The officer reported that he had bloodshot and glassy eyes. 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. My client admitted to drinking 7 beers.

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.

We were successful in keeping our client's license from being suspended. We were able to get his ALR Hearing DISMISSED.

DWI Dismissed

2005-07-06T14:33:00.000-07:00

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer stopped my client for speeding, 83 miles per hour in a 65 mile per hour zone. The officer reported that my client had a strong odor of alcohol coming from his breath and bloodshot and watery eyes.

My client didn’t know he could refuse the Field Sobriety Tests, but he told me that he felt the officers were going to arrest him whether he did them or not, so he REFUSED THE FIELD TESTS. The officers badgered him for 30 minutes, and yet he stood firm and refused to do them.

My client REFUSED A BREATH SAMPLE. Instead of just pleading guilty, as many lawyers would have advised, we took the case to court and let the State know we were going to fight the case.

Knowing they had a weak case, the prosecutor agreed to DISMISS THE DWI, with the understanding that my client would pled guilty to a Class C (same as a traffic ticket) offense and pay a small fine. The wonderful thing about this is that it will allow us to file a Petition to have all my client’s arrest records destroyed.

Driving While Intoxicated - DL Hearing DISMISSED

2005-06-28T14:20:00.000-07:00

My client was involved in a collision, which was seen by a police officer. He was arrested in Austin, Texas for DWI by the Austin Police Department.

My client PROVIDED A BREATH TEST. My client stated that he didn’t know he could refuse the tests. He provided two breath specimens with a reported BAC of .101 and .101.

My client also did the Standardized Field Sobriety Tests (SFSTs). Again, he didn’t know he had the right to refuse them.

The officer reported that my client had an odor of alcohol coming from his breath. The officer reported that he had bloodshot and watery eyes. 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 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.

We were successful in keeping our client's license from being suspended. We were able to get his ALR Hearing DISMISSED.

Driving While Intoxicated - DL Hearing DISMISSED

2005-06-28T14:02:00.000-07:00

My client lost control of her vehicle and collided with another vehicle. Fortunately, she was not seriously injured. She was arrested in Austin, Texas for DWI by the Austin Police Department.

My client REFUSED THE BREATH TEST, but she did do the standardized Field Sobriety Tests (SFSTs). The officer reported that my client had a strong odor of alcohol coming from her breath.

The officer reported that she had bloodshot, glassy and watery eyes. My client knew she had the right to REFUSE THE SFSTs. She exercised that right.

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.

We were successful in keeping our client's license from being suspended. We were able to get her ALR Hearing DISMISSED. This was an important win for our client, because this is her second DWI, she would have ended up with a 2 year suspension.

Driving While Intoxicated - DL Hearing DISMISSED

2005-06-25T07:48:00.000-07:00

My client was stopped for speeding, 73 miles per hour in a 55 mile per hour zone. He was arrested in Austin, Texas for DWI by the Austin Police Department.

My client PROVIDED A BREATH TEST. My client stated that he didn’t know he could refuse the tests. He provided two breath specimens with a reported BAC of .098 and .095.

My client also did the Standardized Field Sobriety Tests (SFSTs). Again, he didn’t know he had the right to refuse them.

The officer reported that my client had a strong odor of alcohol coming from his breath. The officer reported that he had bloodshot and watery eyes. 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 used his 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.

We were successful in keeping our client's license from being suspended. We were able to get his ALR Hearing DISMISSED.

Driving While Intoxicated - DL Hearing DISMISSED

2005-06-23T20:11:00.000-07:00

My client was stopped for changing lanes without using his turn signal. He was arrested in Austin, Texas for DWI by the Austin Police Department.

My client PROVIDED A BREATH TEST. My client stated that he didn’t know he could refuse the tests. He provided two breath specimens with a reported BAC of .170 and .173.

The officer reported that my client had a strong odor of alcohol coming from his breath. The officer reported that he had bloodshot, glassy and dilated eyes.

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.

We were successful in keeping our client's license from being suspended. We were able to get his ALR Hearing DISMISSED.

Driving While Intoxicated - DL Hearing DISMISSED

2005-06-23T13:05:00.000-07:00

My client was involved in an accident right in front of a police officer. As a matter of fact, my client’s vehicle struck two cars. He was arrested in Austin, Texas for DWI by the Austin Police Department.

My client REFUSED THE BREATH TEST, and refused to do the standardized Field Sobriety Tests (SFSTs). Since this is not the first DWI that I have handled for this client, he knew he had the right to REFUSE THE SFSTs. He exercised that right.

The officer reported that my client had a strong odor of alcohol coming from his breath. The officer reported that he had bloodshot and glassy eyes.

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.

We were successful in keeping our client's license from being suspended. We were able to get his ALR Hearing DISMISSED.

Driving While Intoxicated - DL Hearing DISMISSED

2005-06-23T12:45:00.000-07:00

My client walked up to an Austin police officer who was investigating my client’s son for DWI. She was arrested in Austin, Texas for DWI by the Austin Police Department.

My client REFUSED THE BREATH TEST, but she did do the standardized Field Sobriety Tests (SFSTs).

The officer reported that my client had a strong odor of alcohol coming from her breath. The officer reported that she had bloodshot and watery eyes. 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 swayed, used her arms for balance and put her 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.

We were successful in keeping our client's license from being suspended. We were able to get her ALR Hearing DISMISSED.

DWI Dismissed

2005-06-22T20:28:00.000-07:00

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer stopped him because he was allegedly following a car too closely.

The officer reported that my client had a strong odor of alcohol coming from his breath and bloodshot and glassy eyes. My client didn’t know he could refuse the Field Sobriety Tests, so he did them. The Officer said my client exhibited all 6 clues of intoxication on the HGN (eye jerking) test. The Officer said that my client displayed 2 of the 8 clues of intoxication on the Walk & Turn test. The Officer said that my client swayed on the One Leg Stand test.

My client REFUSED A BREATH SAMPLE. He also admitted to taking Paxil and drinking 3 beers earlier in the evening. Instead of just pleading guilty, as many lawyers would have advised, we took the case to court and let the State know we were going to fight the case.

We fought the probable cause for the stop. Knowing they had a weak case, the prosecutor agreed to DISMISS THE DWI with the understanding that if my client stayed out of trouble for a year and did a little volunteer work, they would agree not to pursue any future action. The wonderful thing about this is that it will allow us to file a Petition to have all my client’s arrest records destroyed.

Driving While Intoxicated - DL Hearing DISMISSED

2005-06-17T11:26:00.000-07:00

My client lost control of his vehicle and collided with the front of a business. As a matter of fact, he went off the roadway, up onto the sidewalk, through a parking lot and through the glass storefront. He was arrested in Austin, Texas for DWI by the Austin Police Department.

My client REFUSED THE BREATH TEST, but he did do the standardized Field Sobriety Tests (SFSTs). He told me that he didn't know he could refuse the SFSTs....Now he knows.

The officer reported that my client had a strong odor of alcohol coming from his breath. The officer reported that he had bloodshot, watery and glassy eyes. The officer said that my client's speech was slurred when he spoke. 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 swayed, used his arms for balance and put his foot down 4 times 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.

We were successful in keeping our client's license from being suspended. We were able to get his ALR Hearing DISMISSED.

DWI Dismissed

2005-06-17T07:56:00.000-07:00

My client was arrested for DWI in Austin, Texas by a trooper with the Texas Department of Public Safety. The officer stopped him because he was speeding, 75 in a 60 mile per hour zone. Upon contact, the officer saw my client with an open container in the car.

The officer reported that my client had a strong odor of alcohol coming from his breath and bloodshot, watery and glassy eyes. The Officer said my client exhibited all 6 clues of intoxication on the HGN (eye jerking) test. The Officer said that my client displayed 6 of the 8 clues of intoxication on the Walk & Turn test. The Officer said that my client swayed, used his arms for balance on the One Leg Stand test.

This was my client's 2nd DWI, with a prior in 2003. Since I didn't represent him on his prior, he was not aware that he had a right to refuse a breath sample and PROVIDED A BREATH SAMPLE. He provided two breath specimens with a reported BAC of .186 and .187.

Instead of just pleading guilty, as many lawyers would have advised, we took the case to court and let the State know we were going to fight the case. Eventually, the prosecutor agreed to outright DISMISS THE DWI.

I am proud to also report that we kept his license from being suspended in the ALR process as well. This was particularly important for him, because since it would have been his second ALR suspension, it would have been for 2 years. Also, had he been convicted of the 2nd DWI, he would have faced mandatory jail time and a 1 year hard suspension where he COULD NOT get an Occupational License.

DWI Dismissed

2005-06-13T11:56:00.000-07:00

My client was arrested for DWI in Austin, Texas by an officer with the Austin Police Department. The officer stopped him because he saw him with an open container staggering to his car earlier in the evening.

The officer reported that my client had a strong odor of alcohol coming from his breath. The officer reported that he was wobbling, swaying and needed support to stand. The officer said that my client's speech was slurred and that he mumbled and stuttered when he spoke.

The Officer said my client exhibited all 6 clues of intoxication on the HGN (eye jerking) test. The Officer said that my client displayed 6 of the 8 clues of intoxication on the Walk & Turn test. The Officer said that my client swayed, used his arms for balance and put his foot down 3 times on the One Leg Stand test.

My Client admitted to drinking 5 beers earlier, and he REFUSED TO PROVIDE A BREATH SAMPLE.

I prepared a brief and argued to the Prosecutor that the detention of my client was illegal. Also, our investigation found that the Officer had a suspension for Conduct Unbecoming a Police Officer(unrelated to my client's case).

When I showed up for the pre-trial hearing to contest the legality of my client's detention, the Prosecutor DISMISSED the DWI and wrote on the paperwork that it was done, "In the Interest of Justice."

Ken Gibson

2005-06-10T11:38:00.000-07:00

Ken Gibson
Austin DWI Attorney
700 Lavaca St., Suite 1010
Austin, TX 78701

512 469-6056

Toll Free: 888-DWI Texas

www.austin-texas-dwi.com

Driving While Intoxicated - 2nd - DL Hearing DISMISSED

2005-06-08T09:39:00.000-07:00

Our client was arrested for a 2nd DWI within 5 years in Austin, Texas by an officer with the Austin Police Department. He was stopped for speeding and failing to maintain a single marked lane.

Our client REFUSED THE BREATH TEST, but he did do the standardized Field Sobriety Tests (SFSTs). He told me that he didn't know he could refuse the SFSTs....We didn't represent him on his prior DWI.

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.

We were successful in keeping our client's license from being suspended. We were able to get his ALR Hearing DISMISSED.

This was an important win for our client, because he is in sales and would have ended up with a 2 year suspension, and since it was a 2nd within 5 years, he would have not been able to get an Occupational License for the 1st 90 days of his suspension.

austin-texas-dwi.com - I handle the following types of cases:

2005-06-08T08:30:00.000-07:00

Austin Texas DWI
Travis County DWI
Williamson County DWI
Hays County DWI
Bastrop County DWI
Texas Drunk Driving Defense Information
Driving While Intoxicated
Driving Under the Influence
DWI w/Child In The Car
Drivers License Hearing
Boating While Intoxicated
Administrative License Revocation (ALR)

If you or a friend has been charged with a DWI, click here to see how I can help.

2005-06-07T08:00:00.000-07:00

Please note that each case is different. As such, prior cases should not be construed as a warranty of success in any particular future case.