Can I Wait Before Getting a Lawyer for My DWI Case

Stephen: Hello, I’m Stephen Hamilton, board certified in criminal law. I practice in Lubbock, Texas and the South Plains and today’s video clip dealing with DWI is once you’ve been arrested, how soon should you start looking for a lawyer to represent you?

Stephen: I tell people every day that I think the first 30 days after the arrest are critical for a couple of reasons. One, we only have typically 15 days to request a hearing to try to save your driver’s license, but two, there’s a lot of things that your lawyer needs to start doing immediately to defend you on the DWI. Like what? Well one, we need to get to the scene. If you were stopped on a county road, we need to get out there, we need to take pictures of the road, we needed to take pictures of where you did any field sobriety test. Things change, construction, seasons change, and if you got stopped in April and the dirt’s blowing, that’s going to be different than if they took a dirt road and repaved it in June.

Stephen: And the last thing you want to do is wait a year or six months as you begin to try to finalize the case and then say, “Oh okay, I want to go get some pictures of the scene” and what was there when you got arrested is not there at the time that you go out to take the pictures. So pictures of the scene are absolutely critical. Pictures of where you do the field sobriety test.

Stephen: What about witnesses? Are there people that you were with either that night that you had something to drink with that we need to interview? Memory fade, people move away. What about waitresses and waiters? Absolutely critical in a DWI defense. We need to talk to them to see if for example, they only served you two or three drinks and they didn’t think that you were intoxicated. So almost from the initial time that you get arrested, the first 30 days in my opinion are critical for us to start gathering information, gathering evidence, getting the police reports and the videos and all the documentation to aggressively defend you. And that’s what I do. Call me, we can help. That’s it for today. Thank you.

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