DWI Lawyer Houston: Can I Get a Copy of The Video Taken of me From a DWI Stop?

February 4, 2022

One of the critical skills your DWI lawyer Houston must possess is knowing how and when to use a certain piece of evidence to bolster your defense strategy. In DWI cases in Texas, body and dash cam video evidence can sometimes make all the difference to your case. The question is whether you can obtain a copy of this video evidence in Texas.

What Does the Law Say

Chapter 2 of the Code of Criminal Procedure in Texas includes information related to video recordings of DWI arrests. The Code says that if you are arrested for a suspected DWI, you have a right to obtain from the employing agency of the police officer (who stopped you or arrested you) a copy of the video recording that the officer may have made, which includes the footage of:

·        The traffic stop

·        The DWI arrest

·        The behavior of the motorist during their interaction with the police officer, including at the time of administering FSTs

·        The procedure followed for obtain the blood or breath sample of the motorist who was stopped or arrested

Your Right to View the Video before Trial

You and your DWI lawyer Houston have the right to view the tape of your DWI arrest before trial. When you and your attorney have access to this video evidence before the trial, it will enable you to build an appropriate defense strategy and determine how to approach your case.

The advantage of viewing the video prior to the trial is that you and your DWI lawyer Houston will not have to face any surprise evidence which you are not prepared for. Having access to any potential incriminating evidence that the prosecutor may be having against you is your “right of discovery.” This includes videotape evidence, whether from a dash cam or a body cam.

How to Obtain the Video Evidence

To receive a copy of the videotape, your DWI lawyer Houston will have to file a request in writing seeking access to this tape. In absence of a formal request, you cannot get access to this crucial piece of evidence. The State of Texas has an obligation to give you access to a “true and correct copy” of this videotape before the 20th date prior to the proceeding.

Can Mobile Video Evidence be admitted?

In the context of DWI video evidence, a mobile videotape does not refer to a cell phone video. It refers to the dash cam (dashboard camera), which is usually installed in a police car. Prosecution may want to use this mobile video evidence to support their DWI charges against you. However, if you have an experienced DWI lawyer Houston on your side, they might be able to use the same footage to your advantage.

Consult With a Seasoned DWI Lawyer Houston Today

At Tyler Flood & Associates, Inc. our qualified and experienced DWI legal team is determined to ensure that the prosecution turns over every piece of crucial evidence. We will carefully analyze the potential video evidence and develop a winning defense strategy around it.

Remember the seriousness of the DWI charge in Texas and make sure you have a top legal defense team that has a formidable win rate in these cases. Call us at 713.224.5529 to request for your free case evaluation and no-obligations consultation. You may also send us a message online and we will get back to you promptly.


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*Use of this form does not constitute an attorney-client relationship.

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Disclaimer: The information on this website does NOT constitute legal advice. If you need legal advice, then retain an attorney to discuss the facts of your case. If you would like to discuss your case with an attorney at Tyler Flood & Associates, Inc., then please contact us to schedule a consultation. Until we specifically agree to act for you on a matter, you should not provide us with any confidential information or material.
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