DWI arrests in Texas can be overwhelming, especially in the hours and days immediately following your release. Knowing what steps to take and what mistakes to avoid can make a major difference in protecting your record, your license, and your future. In this article, we’ll explore some key things you need to know, such as…
- How to request footage of your DWI arrest after a traffic stop.
- How to apply for a permit to drive for essential purposes after a DWI arrest.
- How a DWI attorney can help you following an arrest.
How Do I Request My DWI Arrest Video And Police Report After A Traffic Stop?
The short answer: you can’t get full access to these materials on your own. DWI arrest videos, body cam footage, and police reports are not public records in Texas while there is an open investigation or case against you. While you can file a Freedom of Information Act (FOIA) request, much of the content will be redacted or withheld.
However, under the Texas Code of Criminal Procedure, Article 39.14, the State is required to turn over all evidence to the defense when they file a DWI case against you. Your attorney will have access to:
- Dash cam and body cam footage
- Full police reports
- Lab results of any blood or breath tests taken
- Witness statements
One important detail: attorneys are not allowed to provide you with copies of these materials. They can show you everything but cannot give you a copy, with very limited exceptions.
A common issue is that many attorneys don’t take the time to review this evidence with their clients. They may give a quick summary instead. A good attorney, however, will sit down with you, go through the police report, and watch the videos together, ensuring you know exactly what the State has against you.
What Is A Texas Temporary Driving Permit? How Do I Obtain One After Release?
You may be thinking of what’s officially called an Occupational Driver’s License (ODL). If your driver’s license is suspended after a DWI arrest or conviction, you can request an ODL, which allows you to drive:
- To and from work
- For work-related purposes
- For essential household duties
Driving without a valid license in this situation is a Class B misdemeanor, which could result in another arrest. You can apply for an ODL while your case is pending and again if you are convicted. It’s a critical step in maintaining your daily responsibilities legally and safely.
Jonathan Lowe, founding attorney at The Lowe Law Office, PLLC, has guided countless Texans through the aftermath of DWI arrests with a focus on preserving their licenses, protecting their records, and minimizing long-term consequences. With years of experience handling DWI cases from both a legal and strategic perspective, Jonathan Lowe knows exactly what steps to take within hours of arrest to strengthen your defense. His proactive approach has helped many clients avoid convictions altogether.
If you’ve been arrested for DWI, don’t put off getting a defense that can make all the difference in your case. Contact Jonathan Lowe immediately to protect your future.
What Key Evidence Should I Gather After A DWI Arrest In Texas To Help My Defense?
While your attorney will receive discovery from the State, strong defense cases often hinge on what the police don’t know. Consider gathering:
- Receipts from bars, restaurants, or stores that show how much you drank
- Witnesses who can testify to your behavior or level of sobriety before the arrest
- Surveillance videos from businesses where you were earlier that night
- Names and contact info of friends or passengers who were with you
- Character references or letters from family, friends, or coworkers
- Proof of proactive steps, like enrolling in alcohol education or counseling
If the case is strong, this mitigation evidence can help your attorney negotiate a lesser charge or avoid jail time. If the case is weak, this additional evidence could be the key to dismissal.
How Soon Should I Hire A DWI Lawyer After Being Released From Jail?
You should hire a lawyer as soon as possible after your release. Timing is critical in DWI cases, and delays can seriously weaken your defense. Important evidence like surveillance video from a gas station or restaurant may only be stored for a few days before it’s automatically deleted. Witnesses who could support your version of events may become harder to find, and even if they’re available, their memories can fade quickly. Physical items like receipts or other documentation might get lost or be discarded before they’re ever reviewed.
Involving a defense attorney early means they’re able to act fast and do things like secure video, reach out to witnesses, and collect evidence while it’s still available. Waiting too long could mean losing information that might have helped your case significantly.
For example, one client contacted me right after being released. We quickly visited a nearby restaurant where they had been before the traffic stop and secured the surveillance footage. That video turned out to be crucial in supporting their account of the night.
We got the evidence before it was gone, and it helped strengthen our negotiating position with the prosecutor. That kind of quick action often makes a major difference in the direction a case takes.
What Can An Experienced DWI Attorney Do Right Away To Protect My Record And Driving Privileges?
An experienced DWI attorney can take several immediate actions that will protect your record and driving privileges, including:
- Request an ALR (Administrative License Revocation) Hearing to challenge the suspension of your driver’s license
- Apply for an Occupational Driver’s License if your license is already suspended
- Begin negotiating with the prosecutor early in the process
- Preserve surveillance footage and speak with witnesses while evidence is still available
- Gather mitigating evidence
The goal is not just to avoid jail; it’s to avoid a conviction altogether when possible. A skilled attorney will help you position the case for the best outcome by showing that you’re taking responsibility, this was a one-time mistake, and you’re not a danger to the community.
Still Have Questions? Ready To Get Started?
For more information on DWI arrests in Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (817) 678-5080 today.
Jonathan Lowe, founding attorney at The Lowe Law Office, PLLC, has guided countless Texans through the aftermath of DWI arrests with a focus on preserving their licenses, protecting their records, and minimizing long-term consequences. With years of experience handling DWI cases from both a legal and strategic perspective, Jonathan Lowe knows exactly what steps to take within hours of arrest to strengthen your defense. His proactive approach has helped many clients avoid convictions altogether.
If you’ve been arrested for DWI, don’t put off getting a defense that can make all the difference in your case. Contact Jonathan Lowe immediately to protect your future.
