Lubbock DWI & Criminal Law Blog : Texas DWI & Criminal Lawyer & Attorney : Stephen Hamilton Law Firm : TX Driving While Intoxicated, Field Sobriety Tests : Amarillo, Odessa

 If you are arrested for a DWI or DUIM (driving under the influence by a minor) in Texas then if you either gave a breath sample and it was over .08 (.04 if in a commercial vehicle or a detectable amount if a minor) or refused to give a sample, you have 15 days, working DPS days, to request a hearing on your license.  If you gave a voluntary blood you will get a letter of the results from DPS and if over .08 you will have 20 days to request a hearing.  It is important if you were arrested for a DWI that you contact an attorney immediately to discuss these deadlines and why you want to always contest your automatic driver license suspension.

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 If you or someone you love has been arrested for a DWI in Lubbock or west Texas, most likely the arresting officer read them what is called the statutory warning.  This piece of paper is about 6 paragraphs long and basically tells the person arrested for a DWI about the breath or blood test request.  Today's video tip covers the Implied Consent Law in Texas.

 There are several potential defenses to a "refusal" case.  It is important the arresting officer actually read the statutory warning to you.  It is important he or she does not add anything to or leave out anything on the warnings.

If you have any questions about the statutory warnings and a DWI, please call me, Stephen Hamilton.  As a Board Certified Criminal Defense Attorney my goal is to help you with your case.

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 A Lubbock Police officer (or DPS, Texas Tech police or any other law enforcement officer) in trial on a driving while intoxicated case in Lubbock typically testifies that the three "standardized field sobriety tests" are divided attention tests.  I often hear the following:

"These tests are designed to divide a person's attention just like driving a car"

"These tests help me (the officer) determine if the driver is intoxicated"

The problem with these answers is simply they are not true as to whether a person can safely operate a motor vehicle.  The fact is that if driving is a divided attention test then the grade should not be from some abnormal tests that nobody ever does when trying to get their driver license.  Has anybody ever had to put their arms down to their side, raise one leg off the ground 6 inches, point their foot out, look at their foot and count out loud, one thousand one, one thousand two, etc till the officer says stop in order to get a driver license?  Answer: ABSOLUTELY NOBODY!!  

The fact is these balance tests show little when it comes to whether a person can operate a vehicle in a safe manor.  I'm Stephen Hamilton, Board Certified Criminal Law by the Texas Board of Legal Specialization and I fight these worthless, government propaganda stupid human tricks every day.

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 Today's Lubbock DWI video tip focuses on what do do after you have been arrested in Lubbock or the South Plains for a DWI.  I know that your worried and not really sure what to do next.  Your concerned about your job, record, about the possibility of going to jail and your driver license.  If you or a loved one has been arrested in Lubbock or West Texas for a DWI, this video tip touches on a few things you should know.

My name is Stephen Hamilton and I am Board Certified in Criminal law by the Texas Board of Legal Specialization. I focus my practice in the area of DWI defense and criminal law.  If you or a loved one has questions about a driving while intoxicated charge, call my office at 806 794 0394.

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Today's video topic is the Intoxilyzer 5000 and how it relates to a Lubbock Texas DWI arrest.  If you were arrested in Lubbock or the South Plains for a DWI and gave a breath test at the police station, you did so on what is known as the Intoxilyzer 5000.  It is the breath test machine's result that can be admitted into evidence against you in court.  In other words, it is the breath test that counts.  It is the machine that prints out the result that the prosecutor will use to try and show you were intoxicated because your breath or blood alcohol concentration was over the legal limit.  Here is an overview of how the machine used in Lubbock DWI breath test cases operates.

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 We always talk about what to do when your arrested.  There are certain things that if you do these actions can have a positive affect on your case.  In today's video help clip we talk about what not to do if you have been arrested for a DWI in Lubbock Texas.

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