What are the ramifications of police tampering with video evidence of DUI in Texas? Police integrity less important than DUI?

welcome to the crazy political world of DUI. You have a series of constitutionally based motions that should be filed. You could also file a 1983 civil rights action.

Assuming you could prove that he tried to jam the PBT in your mouth and that he subsequently altered the videotape to hide that fact, there are three legal issues that this case presents. First, the prosecutors in your criminal case are not going to be happy about this information. They may dismiss the case. If the matter does go to trial, then hopefully your lawyer would be able to impeach and discredit the officer about what he did and get the judge to give the proper jury instructions about the intentional destruction of evidence. This is going to end up badly for the officer, because this officer has likely committed the offense of tampering with evidence and depending of what, if anything, he testifies to at trial, may be guilty of aggravated perjury. That leads to the second issue. After consulting with an attorney, you may also want to consider filing a complaint against the officer with the law enforcement agency that employs him. This is most certainly a fireable offense but will require you to make a complaint against the officer. You may also consider trying to file criminal charges against the officer for the perjury (if applicable) but certainly the tampering with evidence. I would suggest discussing the timing of a complaint to best benefit you in the criminal matter. The third thing you should consider is whether or not file a civil rights suit against this officer as well as a civil suit for false imprisonment and assaulting you. These do not seem like acts that a government employee cannot claim sovereign immunity for (but I would suggest clarifying that issue with a civil attorney). I would suggest you discuss all of these matters with your current attorney and depending on whether or not he or she handles civil rights matters, consider consulting with a local civil rights attorneys

I am curious as to how you could PROVE that the police tampered with the video evidence, but assuming that you can, there could be some very interesting ramifications: 1) I can almost assure you that the officer will deny shoving a portable breath testing device into your mouth, or tampering with the video. If he or she thought for a minute that they could get caught doing either, they probably wouldn't have done it. They will almost certainly deny everything, even under oath. If you could then prove that they lied, under oath, you might get them terminated from the police force. It's possible that you could have them charged with perjury as well. 2) In almost any event, if you can prove what you cliam, your case would be dismissed, because the DA would not stand by a dirty cop under those circumstances. 3) The act of jamming a portable breath testing device into your mouth would get the cop into trouble, but it would be the destroying of the evidence - and especially the lying about it - that would probably cost them their job. There are few things more satisfying to the criminal defense practitioner than proving that a dirty cop is lying, and getting them fired for it! More importantly to you, perhaps, is the simple fact that you can probably beat the DWI case regardless, assuming that, as you have written, you took no sobriety tests, and were polite, well-spoken, and courteous throughout your encounter with the officer. Best of luck to you!