DWI Facts

Skilled Lubbock Texas DWI Attorneys educated and skilled in Texas DWI Laws – DWI Law in Texas – Drunk driving defense attorneys defend cases such as DWI DUI arrest for drunk driving.

Lubbock Texas DWI Defense Attorneys

– DWI Driving While Intoxicated in The State Of Texas
– DUI Driving Under The Influence in The State Of Texas

Texas DWI Laws – Information

With experienced Lubbock Texas DWI defense attorneys on your side who know the Texas drunk driving laws and have been successful in getting results throughout the West Texas area, you’ll have a greater chance of a more favorable outcome. Experience in litigation and trial defense work, research and case preparation, and ongoing DWI training, helps the attorneys at the Law Office of Stephen L. Hamilton prepare the best case for you.

Mr. Hamilton, understands and realizes that you’re probably confused, angry or fearful about your drunk driving incident. Being arrested for drunk driving, taken to jail, and fingerprinted and photographed can be very dehumanizing. As an experienced DWI defense attorneys we sincerely sympathize with you.


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 Texas DWI law. Evaluating A Texas Drunk Driving DWI Case and the Deciding Factors.

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?

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 Laws do 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. 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.

Special Note

The law firm owns its own Intoxilyzer 5000 and Portable Breath Test Machines. Read more on roadside field sobriety testing.

Stephen Hamilton has been invited to lecture to attorneys throughout the State of Texas on the Intoxilyzer and breath test cases.

Stephen Hamilton has completed training in blood alcohol analysis and forensic blood analysis. Because of this training I know the errors and fallacies of a blood test that the prosecution will introduce.

Clients come from across Texas to retain their services. Both defense attorneys focus on criminal cases with the emphasis of their practice devoted to DWI defense cases. They focus on cases in the West Texas and in the Texas panhandle.

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?

It is important to note that the law provides for intoxication by the introduction of any intoxicating substance into the body. This is designed to make our roadways safe from dangerous drivers. Typically, proof at trial is restricted to alcohol unless some statements or other indications suggest that the driver has become impaired by some other substance. It is important to note that being on prescription drugs is not a defense to a DWI criminal prosecution. If the label suggests that ingestion will impair ones ability to operate a motor vehicle or machinery, taking such medicine and driving may subject you to DWI arrest and conviction. At trial, the State therefore may prove intoxication in three (3) different ways:

– not having the normal use of physical faculties OR
– not having the normal use of mental faculties OR
– having an alcohol concentration of 0.08 or more.

The jury does not have to be unanimous on the manner and means of intoxication, only that the person was intoxicated. It is also important to note that intoxication must occur and be proven to occur while driving.

Many other States provide for prosecution of a “lesser included” offense other than Texas DWI (i.e. reckless driving, impaired driving, driving under the influence, etc.). Texas however has no lesser included offense of DWI. Some counties offer plea bargain agreements to other charges than Texas DWI, but they are the exception and not the rule

Classifications & Range of Punishment for DWI Conviction

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- 806-794-0DWI) Board Certified In Criminal Law in the State Of Texas.

The government with all of its resources can frequently make your life miserable; regardless of whether you have actually committed the crime. Real life criminal law is very serious. Cases are not resolved in one hour, and the solutions are normally not simple. Hiring a criminal defense trial lawyer can be the most important decision you make.

You don’t need to face it all alone. Please call and schedule an appointment at your earliest convenience, as experienced DWI criminal defense attorneys located in Lubbock, Texas, we 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 us as your DWI criminal defense lawyer so that I 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.