Houston Lawyer's Breath Test DWI Dismissed

Shortly after the first of the year, a Houston DWI task force police officer followed a Houston DWI lawyer home from a popular bar on Washington Avenue.  Although he followed the attorney for more than a mile, the only infraction he observed was a headlight that was not operating properly.  As the client was pulling into his residence, the DWI task force sargeant turned on his overhead lights.

Th officer performed Horizontal Gaze Nystamus Test on client and determined - your guessed it - 6 of 6 clues.  Even though he did not mention it in his report, my client informed me that the officer also gave client the Rhomberg Test - she was perfect.  He then tried to do the One Leg Stand Test and the Walk and Turn Test.  Client advised him that she has been diagnosed with vertigo (and we have the medical records to prove that), so he went ahead and arrested her for DWI and transported her to the Houston Police Department to continue the DWI investigation.

Upon arrival, client agreed to give a breath test because she was not intoxicated.  The test registered .15 and she was booked into jail.  Fortunately, the prosecutors were open minded and actually looked at client's medical records that we provided.  The records showed client's medical condition that explained why the breath test was inaccurate and the DWI was dismissed.