William B. Mange

Criminal Defense Lawyer in Austin, Texas

Criminal Law Blog

October 28, 2006

Dismissals in DWI cases happen for all kinds of reasons. One reason is a medical condition which the Defendant had before his arrest, which is consistent with the Defendant’s performance on the Standardized Field Sobriety Tests ("SFSTs"). Back or leg injuries, or nerve damage can provide perfectly legitimate explanations for poor SFST performance.

The goal here is to get a doctor’s letter that will give the prosecutor good grounds to dismiss your case. Here is an example: Doctor-Letter.pdf

If that is your situation, then there are some things that need to get done.

I want to say from the start that I would do these things myself, but with the advent of the privacy rules associated with the Health Insurance Portability and Accountability Act ("HIPAA"), these things are best done by the defendant/patient, not someone else.

First, you would need to take an additional copy of the DVD in your case and deliver it to your doctor.

Second, tell your doctor’s staff that you need him to review the DVD and offer an opinion about whether your performance in the DVD is consistent with his (or her) diagnosis of you. We cannot, of course, ask your doctor to say that your performance was caused by the condition for which he diagnosed or is now treating you, because he wasn’t there at the time you were arrested. He can’t legitimately offer an opinion that your SFST performance was not a result of intoxication. The sole question for the doctor is: was your performance consistent with the his diagnosis.

Third, ask your doctor’s staff to provide you with a copy of your medical records along with a completed business records affidavit.

William B. Mange

Criminal Defense Lawyer in Austin, Texas

Criminal Law Blog

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