Lubbock Texas / Field Sobriety Tests

Field Sobriety Tests do not prove intoxication in Texas

Typically when a police offer is investigating a person for DWI, the officer will ask the person to do a series of balance and dexterity exercises. The police call these the “Standardized Field Sobriety Tests.” Of course there are no studies that have any validity to equate the fact that a person that does not do perfectly on these balance tests has lost the normal use of his or her mental or physical faculties. This is the definition of intoxication in Texas. There is another definition of intoxication that of a breath or blood alcohol concentration at or above .08 but that is not the standard that an officer is using in the field to arrest a person.

The three “tests” that I typically see are the HGN or Horizontal Gaze Nystagmus, the Walk and Turn, and the One Leg Stand Test. One of the most important aspects of any dwi defense is to investigate both the officer’s qualifications in administering these tests. Another important area of dwi defense is the review of the video made of the stop and arrest. Often times I find that the officer that is administering the tests is new and therefore does not have lots of experience or simply does not administer the “tests” in the correct way. If you or somebody you care about is ever charged, one of the most important things for your dwi trial attorney to do is to review the video for evidence that will help the case. In fact we believe it is so important that we make a copy of any videos for each of our clients and ask them to take them home and review them several times. We then ask for feedback on the areas that the client has concerns over and we sit down with our clients to try and answer all questions after a complete video review.

If you’re facing a charge of DWI or a DUI in Texas, you need representation from an experienced and knowledgeable DWI defense attorney.

We stand ready to assist you by investigating and vigorously challenging your pending criminal charges. We understand the serious nature of your situation and want to help you deal with the stressful and complex issues of a drunk driving arrest.

When you retain us we’ll insist that the District Attorney's Office provide us with the identity of anyone they plan to call as a witness. We'll seek all discovery, including officer testimony through the ALR hearing in preparation of your day in court.

As you can see, what looks simple gets pretty complex. As your criminal defense attorney I will insist that all this information be provided and that you and I walk through all this information as we discuss and proceed on your case.

WARNING !! Your license may be at risk of suspension. The license suspension is AUTOMATIC...UNLESS you request a hearing on the issue, in writing, WITHIN FIFTEEN (15) DAYS after receiving notice of suspension from the arresting agency on a Department of Public Safety approved form (generally received on the day of arrest). If a hearing has not been timely requested in the state of Texas, the suspension will automatically begin on the fortieth (40th) day after notice was received. If a hearing is requested, no action will be taken regarding suspension until after the hearing and all appeals have occurred. (Call our office in Lubbock immediately for assistance if you think your license is at risk- 806-747-8002)

You don’t need to face it all alone. Please call and schedule an appointment at your earliest convenience, as a top Lubbock DWI criminal defense attorney located in Lubbock, Texas, I offer a free initial consultation where you and I can sit down and discuss the criminal charges against you and what options are available to you. To assist you financially in paying any attorney fees, I offer flat rate fees and flexible payment plans that will allow you to hire me as your Lubbock DWI criminal defense lawyer so that I can start immediately to protect your rights.  Call us today at (806) 747-8002 for a free consultation and see how we can help with your case.

Lubbock Texas Criminal Defense Attorney

The Law Office of Boatwright & Hamilton 1005 Broadway Lubbock, Texas 79401 806-747-8002 - Office 806-747-8110 - Fax

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Nicky Boatwright and Stephen Hamilton are Criminal Defense Trail Attorney's in the state of Texas covering Amarillo, Canyon, Andrews, Abernathy, Acuff, Amherst, Anton, Arnett, Bledsoe, Brownfield, Cotton Center, Crosbyton, Dickens, Floydada, Hale Center, Idalou, Lamesa, Levelland, Littlefield, Lockney, Loop, Lorenzo, Lubbock, Meadow, Morton, Muleshoe, New Deal, New Home, O'Donnell, Olton, Petersburg, Plains, Plainview, Post, Ralls, Ransom Canyon, Shallowater, Slaton, Smyer, Tahoka, Wolfforth, Seminole, Tulia, Midland, Odessa.