Know Your Rights During a DWI Stop

Understanding your constitutional rights can help protect you during a traffic stop and DWI investigation.

Your Constitutional Rights

Fourth Amendment
Protection Against Unreasonable Searches
  • Police need reasonable suspicion to stop you
  • Probable cause required for arrest
  • Search warrant needed for most searches
  • Right to refuse consent to search your vehicle
  • Evidence obtained illegally can be suppressed
Fifth Amendment
Right Against Self-Incrimination
  • Right to remain silent
  • Don't have to answer incriminating questions
  • Can invoke your right to an attorney
  • Silence cannot be used against you in court
  • Miranda rights apply to custodial interrogation
Sixth Amendment
Right to Legal Representation
  • Right to an attorney
  • Right to have attorney present during questioning
  • Right to court-appointed counsel if indigent
  • Right to effective assistance of counsel
  • Right to a speedy and public trial
Fourteenth Amendment
Due Process Rights
  • Right to due process of law
  • Right to fair treatment by courts
  • Equal protection under the law
  • Right to confront witnesses
  • Presumption of innocence

What to Do During a Traffic Stop

Do This
  • Pull over safely and promptly
  • Keep hands visible on steering wheel
  • Be polite and respectful
  • Provide driver's license and insurance
  • Follow lawful orders
  • Ask "Am I free to leave?" if unclear
  • Remember details for your attorney
  • Stay calm and composed
Don't Do This
  • Don't answer questions about drinking
  • Don't consent to vehicle searches
  • Don't perform field sobriety tests
  • Don't be argumentative or hostile
  • Don't make sudden movements
  • Don't volunteer information
  • Don't resist, even if arrest is unlawful
  • Don't sign anything except traffic tickets

How to Respond to Common Police Questions

Response: "No, officer, I don't know why you stopped me."
Why: Don't guess or admit to any violations. Let the officer state the reason for the stop.

Response: "I prefer to exercise my right to remain silent."
Why: Any answer can be used against you. Even "just two beers" can lead to arrest.

Response: "I prefer to exercise my right to remain silent."
Why: This question is designed to elicit information about potential drinking locations.

Response: Comply with this lawful order.
Why: Police can order you out of your vehicle for safety reasons. Refusal can lead to additional charges.

Response: "I respectfully decline to perform field sobriety tests."
Why: These tests are voluntary in Texas and designed for failure. Refusal cannot be used against you.

Response: "I do not consent to any searches."
Why: Never consent to searches. Make police get a warrant or establish probable cause.

Your Rights Regarding Chemical Testing

Important: Implied Consent Law

By driving in Texas, you've consented to chemical testing if lawfully arrested for DWI. However, you still have choices to make.

Field Sobriety Tests
  • Voluntary - You can refuse
  • Refusal cannot be used against you
  • Tests are subjective and designed for failure
  • Medical conditions can affect performance
  • Weather and road conditions matter
Blood/Breath Tests
  • Implied consent - But you can refuse
  • Refusal triggers automatic license suspension
  • Police may get warrant for blood draw
  • Refusal can be used as evidence
  • Consult attorney if possible before deciding

Your Rights After Arrest

Phone Call Rights
  • Right to make phone calls
  • Call your attorney first
  • Call someone to arrange bail
  • Calls may be recorded (except attorney)
  • Don't discuss your case on recorded lines
Court Rights
  • Right to an attorney at all proceedings
  • Right to remain silent
  • Right to reasonable bail
  • Right to speedy trial
  • Right to confront witnesses
Key Reminders
  • Stay calm and polite - Even if you believe your rights are violated
  • Never resist arrest - Fight violations in court, not on the street
  • Document everything - Mental notes about what happened
  • Contact an attorney immediately - Time is critical for your defense
  • Don't discuss your case - Except with your attorney

Protect Your Rights with Expert Legal Help

Knowing your rights is the first step. Enforcing them requires experienced legal representation.

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