Criminal Defense Lawyer Lubbock Texas STEPHEN L. HAMILTON, P.C.
Attorney At Law
 

We're You Arrested
for Drunk Driving?
DWI / DUI
"We Can Help"
Jail Release
806-794-0DWI



  Learn more about a
  DWI or DUI in Texas


       Lubbock DWI Video Information


      NCDD National College for DUI Defense: Stephen L. Hamilton

 
        DWI Facts

In most Texas DWI cases, there are 3 pieces of evidence open to one interpretation of the law, include breath test/chemical tests  were the regulations followed?
What is the validity due to lack of regulations? 
DWI

What Can I Do to
Save My License?
 

Fight to save your license! If you drive after losing your license, you face substantial penalties.


What Happens After
A DWI / DUI Arrest?
 

There are usually both Motor Vehicle and Court Proceedings.


Lawyer Mistakes 

The Top 10 Mistakes Attorney's make in Drunk Driving Cases

How To Avoid Them


   
 

Texas DWI / DUI Facts & Information

Lubbock Texas DWI / DUI Defense Attorney
Know Your Rights on DWI Law....

A breath test or field sobriety test does not automatically prove you guilty.

According to the federal government, accuracy of field sobriety tests are as follows:

DWI Law Lubbock Texas, Drunk Driving Defense Attorney HGN test......................77%

DWI Law Lubbock Texas, Drunk Driving Defense Attorney Walk and turn.............68%

DWI Law Lubbock Texas, Drunk Driving Defense Attorney One leg stand.............65%


Evaluating A Texas Drunk Driving DWI Case and the Deciding Factors. In most Texas DWI cases, there are 3 pieces of evidence that are open to interpretation of the law.

 

Police Reports:

The police report is only the officer's interpretation.

Were you properly read your Miranda warnings?

Did the police officer stop you for a valid reason?

Were any statements made by you coerced, taken out of context, or misinterpreted?

Important:

The Intoxilyzer 5000 assumes that everyone has the same blood breath partition ratio, hematocrit ratio and assumes that all samples are at an air temperature of 93.2 F.  Texas DWI Law does not utilize any methods which would allow for a retest of samples given.  The computer software is proprietary and is not available to scientific peer review.  There are many things which have been shown to affect a breath test score.  These machines are generally not available for inspections by anyone outside of law enforcement.  Texas does not allow for non-law enforcement or government personnel to become certified as breath test technical operators.  Much of the Texas breath program remains limited to outsiders despite a generally assumed belief that these machines have undergone and passed wide general scientific review.

Field Sobriety Tests:

Police make arrests on the basis of probable cause.  This is not the same thing as "beyond reasonable doubt."  It is not a police officer's job to determine if someone is guilty.  Many police offers choose to arrest on the basis of caution.

There is much technical training for a police officer in the field of Texas DWI Law.  There is no law in Texas which states they must keep up their training on a yearly or any other type of basis with respect to standardized field sobriety training.  Many police officers do not make any form of notes on the side of the road with respect to numerous details.  Most police officers do not include mitigating or exculpatory information in their reports, mainly negative observations.

Where there distractions during the testing?  Were you nervous or tired during the testing?

If there was a video taping of the event, does it accurately depict your true state of sobriety at the time, or was it unfairly effected by perhaps traffic, poor lighting, noise, or lack of sound.

What is your true balance and coordination?

Do you have any physical disabilities that can cause false results?


Stephen L. Hamilton, P.C.
Attorney At Law

802 Main Street
Lubbock, TX 79401

Phone (806) 794-0DWI
Fax (888) 595-5578

TOLL FREE 1-888-DWI-LUBBOCK


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