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  • Writer's pictureBrian Foley

Houston Criminal Defense Attorney - Texas Code of Criminal Procedure Art. 2.1396

Houston Criminal Defense Attorney - Brian Foley - Board Certified in Criminal Law


Understanding Texas Law: Video Recordings of Arrests for Intoxication Offenses


Texas has several laws in place to ensure transparency and accountability in law enforcement practices. One such law is Art. 2.1396, which grants individuals who are stopped or arrested on suspicion of certain intoxication offenses the right to receive a copy of any video footage recorded by law enforcement officers during the stop or arrest. In this blog post, we will delve into the details of Art. 2.1396 and contrast it with Section 39.14's duty to not share documents with individual defendants, highlighting the implications of these laws in Texas.


Art. 2.1396 - Video Recordings of Arrests for Intoxication Offenses: Art. 2.1396, also known as the Video Recordings of Arrests for Intoxication Offenses law, was added to the Texas Code of Criminal Procedure in 2015. This law applies to individuals who are stopped or arrested on suspicion of offenses under Section 49.04, 49.045, 49.07, or 49.08 of the Texas Penal Code, which pertain to driving while intoxicated (DWI) and related offenses.


According to Art. 2.1396, individuals who are stopped or arrested for intoxication offenses are entitled to receive a copy of any video footage recorded by the law enforcement agency employing the officer who made the stop or arrest. The video footage must contain footage of the stop, the arrest, the conduct of the person stopped during any interaction with the officer (including field sobriety tests), or any procedure in which a specimen of the person's breath or blood is taken.


This law is aimed at promoting transparency and accountability in law enforcement practices by providing individuals with the right to access video evidence of their arrest for intoxication offenses. It allows individuals to review the video footage and potentially use it as evidence in their defense in case of any disputes or legal proceedings related to the arrest.



Art. 2.1396. 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.


Added by Acts 2015, 84th Leg., R.S., Ch. 1124 (H.B. 3791), Sec. 1, eff. September 1, 2015. Redesignated from Code of Criminal Procedure, Art/Sec 2.139 by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 24.001(3), eff. September 1, 2017. Redesignated from Code of Criminal Procedure, Art/Sec 2.139 by Acts 2017, 85th Leg., R.S., Ch. 808 (H.B. 245), Sec. 4, eff. September 1, 2017.


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