Legislative Changes to Texas DWI Laws | Fort Worth DWI Defense Attorneys
DWI Update: Some clients want to see their DWI video. Some don’t. Some want to take it home and show their friends and some want to dig a deep hole and bury it away forever. Since the passing of the Michael Morton act, regardless of their clients’ wishes, criminal defense lawyers could not provide a copy of the DWI video without first obtaining a court order or prosecutor permission. This all changes on 9/1/15.
This past legislative session, the Texas legislature passed House Bill 3791 which amends Chapter 2 of the Texas Code of Criminal Procedure by adding the following paragraph:
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;
(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.
Now (beginning 9/1/15) DWI defendants are entitled to receive a copy of the DWI video (if they want it). There is no clarification regarding whether the defense attorney, or the DA may provide the copy, but at a minimum it may come from the police agency.
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Barnett Howard & Williams PLLC practices DWI defense in Fort Worth, Texas. Our office is located in Sundance Square in downtown Fort Worth. Call (817) 993-9249 for free consultation of your DWI case.