How Can the Person Serving Me Drinks Help In My DWI Case?

Stephen H.: Hello, I’m Stephen Hamilton, board certified in criminal defense. Practice in Lubbock, Texas in the South Plains area. And today’s DWI video clip is, how can the person who served me alcohol actually help in my defense?

Stephen H.: A lot of times a person’s arrested, they’ve been out to the bar or to the restaurant, they’ve had a couple of drinks and they’re driving home. Maybe they’re speeding, they’re doing 35 in a 30 zone. The lights come on, the police officer pulls you over. Next thing you know, you’re doing field sobriety tests and being arrested. You know you’re not intoxicated. You know you only had two or three drinks. You’ve got some time in there. You certainly don’t feel any effect of alcohol. Okay, so how do we prove that? Well, one way I think that’s beneficial is, who served you the alcohol? If you bought a couple of beers, if you had a couple of glasses of wine at a restaurant or at a club, almost every waiter, waitress or bartender in Texas has to be TABC certified. What is that? All right, that’s the Texas Alcohol and Beverage Code certification. That’s the group of folks that handle alcohol related incidents in bars, clubs, that type of thing.

Stephen H.: All right, so every waiter or waitress has to go through a training class. And do you know it’s actually illegal for a person to serve an intoxicated individual? So the waiter or the waitresses are always worried about being fined or arrested in stings if they serve a drunk person. So if they served you the alcohol, don’t you think they believe that you weren’t intoxicated? That ought to be important in your case. That’s why when you pick up the phone and you call me or you come in to see me, one of the very first things we want to do is, who were you with that night? Where did you go? Do we need to send our investigator out to try to find out who the waiter or the waitress is to talk with them, to take their side of the story early on in the case? Now they’re not going to remember you in a month or six weeks or six months, they’re going to remember you the first few days, hopefully, after you were arrested.

Stephen H.: So that’s why it’s absolutely critical that you pick up the phone, that you call me, that you come in to see me. We can help. We can get the investigator out there. My office number is 806-794-0394. Give me a call, we’ll get you in, go through everything, find out who the witnesses are and we’ll get started.

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