Coerced Breath Test Leads to Houston DWI Dismissal

Police officers pulled client over for speeding. After stopping client, the officers smelled alcohol on the man's breath and began a DWI investigation. Though there was a camera in the police vehicle, the field sobriety tests were not done in the view of the camera. The cops claim he did not perform well on those field exercises. The police then arrested him for DWI and transported him to the police station for more testing. Now there was a video camera recording the sobriety exercises - he looked pretty good on them. Officers then asked him if he would take a breath test and he responded with, "What happens if I pass the breath test." The arresting officer proceeds to tell client that if he takes and passes the breath test, he would allow client to go home. Client ultimately decided to give a breath test and registered a .12 on that breath test. The Texas courts have held this type of verbal exchange to be coercive if the suspect relies on these statements. After providing the prosecutors with the legal research on this issue, the prosecutor dismissed the DWI case. Call the Houston DWI lawyers at Johnson, Johnson & Baer, P.C. if you or someone you know has been arrested for a Houston DWI. Our Houston DWI attorneys are here to help you.