Lubbock Criminal Defense Attorneys Practicing Texas Criminal Law......
Facing A Texas DWI / DUI?
If youíve been arrested for Texas DUI, being arrested and finger printed is only the beginning. More on Texas DUI...
If youíre like most people, youíre not sure what to do first with respect to your DWI arrest.
Learn more about a DWI arrest...
Things YOU need to know about your DWI arrest that NO ONE is telling YOU. More on DWI...
In many instances, police officers have made mistakes during your DWI arrest or during the blood, breath or urine tests. Help for
If you or a loved one have been arrested for any Texas criminal offense and need immediate jail release help and information, call our law office at
|The Law Office of Stephen L. Hamilton
802 Main Street
Lubbock, TX 79401
(806) 794-0394 - Office
(888) 595-5578 - Fax
Information on DWI in Texas & What you need to know about a DWI arrest in
DWI Defense Attorneys - Lubbock, Texas / West Texas
Driving While Intoxicated - DWI in The State Of Texas
Driving Under The Influence - DUI in The State Of Texas
Lubbock Texas Drunk Driving Information about
53 Things YOU Need to Know about Your DWI Case that NO ONE is Telling YOU
What the Texas District Attorney does not want you to know:
1. He does not have all the witnesses available to prove his case.
2. He has exculpatory evidence which would prove your innocence.
3. You have a right to a jury trial within six months of pleading not guilty.
4. He has evidentiary problems in proving your blood alcohol level.
5. He's bluffing.
6 of the facts that must be proved before you can be found guilty:
1. Your identity
2. As a driver operating a motor vehicle in a public place
3. Of a motor vehicle
4. In the state of Texas, while
5. Your blood alcohol level was over one of the prescribed limit or
6. You lost the normal use of your physical or mental faculties.
What you must do immediately to preserve your right to drive after a DWI
arrest in Texas:
1. The arresting officer should have provided you with paperwork about the
suspension of your driver's
license (notice of suspension).
2. You have 15 days from the date the notice was served to request a hearing to
contest the suspension
or your license will be automatically suspended.
10 questions your defense attorney must ask you.
1. What your itinerary was prior to arrest.
2. Your consumption of alcoholic beverages.
3. Your observations of the officer.
4. The officer's stated reasons for stopping you.
5. Whether the officer asked or ordered you to take roadside tests.
6. Your performance on roadside tests.
7. Statements you made to the officer.
8. What the results were of any breath or blood tests.
9. Whether there were witnesses to your arrest.
10. Whether you were observed prior to a breath test.
What are the 4 items crucial to your DWI / DUI defense?
1. A good investigation of the facts.
2. Vigorous cross-examination.
3. A sound understanding of constitutional principles.
4. An attorney who is knowledgeable in the area of Texas DWI law.
Why a jury trial is advisable in a DWI arrest case:
--- Six people have to agree on your guilt instead of one in a misdemeanor DWI
What is necessary to get a jury trial?
--- You automatically have a right to a jury trial.
How the arresting officer's testimony can be discredited at a DWI Trial:
1. Inconsistent statements.
2. Failure to recollect.
3. Inability to conduct the Standardized Field Sobriety Tests in the prescribed
5 requirements which must be followed for chemical and roadside tests to be
1. The officer must have had a reasonable suspicion that you were violating the
2. The officer must have either had probable cause to arrest you or obtain your
consent for roadside tests.
3. The officer must inform you of your rights concerning a breath or blood test.
4. The officer must have probable cause before he arrests you and before he
requires you to take a
5. The officer must give you your Miranda rights after you are arrested, if he
is going to interrogate you.
What are the 2 key pieces of information which must be learned in deciding to go
1. An estimation of the weaknesses and strengths of the state's case against
2. The effect of a conviction.
How to determine if you can plea bargain, and at what step you should do it.
--- It's a cost benefit analysis. How much do you have to defend your case?
What effect will this arrest have on my license and when will I be able to
--- If your blood alcohol was over the legal limit or you refused a test, you may
not be able to drive at all for
a long period of time.
How to save your license if you're found guilty in court?
--- Request an occupational license if your license is suspended.
What 4 preliminary motions should be filed, and the danger to you if they
1. Motion to suppress evidence on the ground that you were unconstitutionally
2. Motion to suppress evidence on the grounds that there was an unconstitutional
search and seizure.
3. Motion to suppress statements on failure to give Miranda rights.
4. Motion for Discovery of all evidence.
If these motions are not filed, your case may not be dismissed when it should
have been. You may not be told about evidence which would prove your innocence.
7 Texas DWI / DUI defense tactics in pre-trial motions:
1. Contest the constitutionality of the stop.
2. Contest the constitutionality of the administration of roadside tests.
3. Contest the constitutionality of the probable cause to arrest.
4. Contest the constitutionality of the Miranda rights.
5. Contest the manner in which roadside tests were given.
6. Contest the use of any blood or breath test.
7. Contest the constitutionality of any search and seizure.
As you can see, what looks simple gets pretty complex. As your DWI criminal defense
attorneys we will insist that all information be provided so we can
walk you through all this information as we discuss and proceed on your case.
Call and schedule an appointment at your earliest convenience, we offer a free initial consultation so we 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, we offer flat rate fees and flexible payment plans that
will allow you to hire us as your Lubbock DWI defense attorneys so that we can start immediately to protect your rights. Call us today at
(806) 794-0394 for a free consultation and see how we can help with your case.
Criminal Defense Trial Attorneys - Lubbock Texas
DWI / DUI West Texas Defense Lawyers
||Payment Plans Available
||Major Credit Cards Accepted
Stephen Hamilton is a Criminal Defense Trial Attorneys 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 Home, O'Donnell, Olton, Petersburg, Plains, Plainview, Post, Ralls, Ransom Canyon, Shallowater,
Slaton, Smyer, Tahoka, Wolfforth, Seminole, Tulia, Midland, Odessa.