What Are Field Sobriety Tests?

Stephen H: Hello, my name is Stephen Hamilton. I’m a board certified criminal defense attorney practicing in Lubbock, Texas and the surrounding South Plains. And today’s video question is what are the chances of winning the DWI trial?

Stephen H: That’s a question that I’m often asked. Person gets arrested for a DWI, you come in, sit down, you’re visiting with me. One of the questions that you really want to know is, if I go to trial, if the case can’t be reduced from a DWI, what are my chances of winning? And I’m going to tell you what every lawyer should tell you. We don’t know. There’s no way to know at the beginning of the case what the odds are or what the chances are winning your DWI trial.

Stephen H: At the beginning of the case, what we do know is we need some information. We need to do what we call a driver’s license hearing so that we can get the testimony of the police officer. We need to get the video or videos. We need to get the police reports. We need to get out and talk to witnesses if they exist. We need to find out if somebody saw you, if they didn’t think that you were intoxicated, are they credible? Can we put them up in a jury trial? We need to find out if you had problems, for example, in the field sobriety tests, are there reasons other than intoxication that you had those problems? Are there medical problems? Where you nervous? Do you have ADHD? Any of those issues that actually might create some doubt in the juror’s mind that you weren’t intoxicated.

Stephen H: In all reality, if you get a DWI and the very first thing that a lawyer tells you is, “Here are your chances of winning trial.” That’s a red flag because nobody knows what your chances are until we do a thorough investigation of all the facts, until you’ve seen all of the evidence in the case.

Stephen H: To start that thorough investigation, come in and see me. Come in, we’ll sit down, we’ll do about an hour or so of just brainstorming of what happened to you, what issues there are potentially in your case, and we’ll get started ordering the things that we’ve been talking about. The police report, the video, get out to the scene, take pictures of where you did the field sobriety test.

Stephen H: Call my office. My number is (806) 794-0394. I’m Stephen Hamilton. That’s it for today. Have a great rest of the day.

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