How to get your DWI video in Texas, even if your case hasn’t been filed.

One of the problems with DWI cases is that it can take months, years sometimes, before a DWI video appears from the DA’s office. For example, we have a case set for trial in Dallas and the video didn’t show up for nearly two years. That’s unusual, but what isn’t is for your defense lawyer to get the police reports early, for the ALR hearing, but have to wait on the DA’s office for the video. Also, you could end up in a court that gets pissy about resetting cases and this can help give your lawyer and expert time to review the video before court.

Now anyone, even you, can request your DWI video straight from the arresting agency. That is, the cops, deputies, or DPS Trooper who arrested you have to get you a copy. Although you probably want a lawyer to help.

What’s the law on requesting your DWI video?

Chapter 2, Code of Criminal Procedure- Art. 2.139. VIDEO RECORDINGS OF ARRESTS FOR INTOXICATION OFFENSES. A person stopped or arrested on suspicion of an offense under Section 49.04, 49.045, 49.07, or 49.08, Penal Code, is entitled to receive from a law enforcement agency employing the peace officer who made the stop or arrest a copy of any video made by or at the direction of the officer that contains footage of: (1) the stop; 2015 LEGISLATIVE UPDATE 11 (2) the arrest; (3) the conduct of the person stopped during any interaction with the officer, including during the administration of a field sobriety test; or (4) a procedure in which a specimen of the person’s breath or blood is taken

How do you do that? Statute doesn’t say. A letter or fax should work, but you should probably hire a lawyer to do it for you. What are you going to do with your own DWI video? I mean, it might be fun to watch, but unless you have taken the field sobriety test certification you might not know what to look for.

So, if you are waiting on the DA’s office for your video, maybe go straight to the arresting agency. Cut out the middleman.





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