As a driver, you may have specific concerns regarding your specific rights if arrested for/or charged and accused with a Driving While Intoxicated charge. It is imperative to discuss your legal situation with a DWI Defense attorney as soon as you possibly can to start the review of your case. This way you can get a better idea of what your legal rights are and how best to proceed going forward.
The following are some very important and relevant key point pertaining to your rights in relation to if one is under suspicion for Driving While Intoxicated in Texas:
- If you feel you have been pulled over and are under the suspicion of driving while intoxicated, you have the right to politely refuse any field sobriety tests'
- You also have the right to refuse to answer any questions about where you were, where you were going and how much you had to drink;
- You also have the right to refuse a chemical specimen (both breath and a blood test) after you are pulled over;
- It is always best to request to discuss your situation with an experienced DWI Defense Attorney initially before refusing to take any field sobriety tests or to the taking of a chemical speciment, in lieu of just consenting to them outright (it should be noted that an investigating officer does not HAVE to allow you to speak to an attorney - but is a very excusable reason to justify your refusal). Though your refusal may be used against you in a court of law, it is likely that a refusal will help better support your innocence rather than the taking any of the tests.
- If arrested, you have the right to remain silent. You do not have to submit to any questioning. Please see information regarding Miranda Rights HERE.
- After a DWI arrest, you have the absolute right to consult an attorney as soon as possible. It is important to make sure you ask to request to speak to an attorney even right after your arrest.
Taking complete advantage of your rights is the most important thing you can do to confidently influence the ultimate result of your case. Though the United States Constitution grants you various rights, you may discover that an individuals rights are very often threatened or violated outright. Therefore, it is always wise to consult a Criminal Defense Attorney to aid in your defense.
An overzealous, arresting law enforcement officer may fail to properly read you your Miranda warnings when they are required to do so. In your effort to cooperate with the law enforcement officer, you may consent to questioning, and may say or do something that only supports the DWI charge (and any evidence obtained) that they are trying to build to mount a conviction against you. An attorney can properly deal with each and every element of your case to ensure you are not taken advantage of. Also, an attorney can ensure that the law enforcement personnel and the prosecuting attorney abide by your statutory and constitutional rights.
How to Protect your Rights: DWI Arrests
Criminal charges pertaining to Driving While Intoxicated (DWI) cases, in particular are a bit more complex than other types of questioning, interrogations, and arrests. The charges contend with the issues that are distinctive to DWI cases in general. Often people mistakenly believe that they should have been read Miranda warnings at stages where an investigating officer is not required to do so. Even if they fail to properly Mirandize an individual, it would only mean that after the point where a person should have been read the Miranda warnings, any subsequent statements would be excluded later in any court proceedings (most relevant in a trial context).
You can understand more about your legal rights and your options in regards to DWI cases (and other charges) by contacting our office to request an initial consultation with an attorney. In addition to answering your questions, our office will be able to address any of your particular concerns. This way, you will know what to expect and will be well prepared for your particular case. Your future may seem unclear right now if you are proceeding through a charge of Driving While Intoxicated — however, it is imperative for an attorney to examine all aspects relevant to your case to ensure that proper protocol was indeed followed. It should always be noted that regardless of the facts of your case, (including whether you failed or refused to take any of the Standardized Field Sobriety Tests or a Chemical Test), there is a variety of ways that could possibly be explored to challenge the evidence against you, simply by asserting your your rights.
Contact Us Now
You can contact The Law Offices of Carl David Ceder at anytime for assistance at 214.702.CARL(2275) or at 469.2000.DWI(394). You can also e-mail Carl directly, at Carl@CederLaw.com; or to the office for general inquiries at Info@DFWDefenders.com. Phones should be answered 24 hours a day/7 days a week for immediate and prompt assistance. E-mail messages will try to be responded to with 24-48 hours, depending on whether Carl and his team is in trial and/or is busy working on a case for a contested hearing.