Stopped for DWI? Do you know your Rights?
Many people often ask me, "If I am stopped by an officer and suspected of drunk driving, what are my rights?" This is a very good question because under Texas Law a police officer DOES NOT have to tell you about your rights when questioning you about drunk driving. Additionally, Texas law does not require an officer to allow you to speak to an attorney while he or she is investigation a DWI.
So, If you are stopped by a officer and he or she begins questioning you about drinking, i.e., "have you been drinking?", then we recommend that you know and follow the following 7 points about your rights at the time you are stopped.
- Texas law requires you to produce a driver's license and current insurance card to the officer.
- You are allowed to tell the officer that you have committed no crime and request that your license and insurance be returned to you so that you may leave.
- If the officer says you are NOT allowed to leave: Tell him/her that you invoke your right to remain silent and will not answer any question concerning drinking and driving and that you WILL NOT CONSENT to ANY sobriety testing
- You have a right to REFUSE ANY Request for a Breath or Blood test
- You DO NOT have to Consent to a search of your vehicle
- You DO NOT have to answer any questions or Sign ANY paperwork
- You have a right to immediately request an attorney.
These 7 points are not intended to help citizens avoid drunk driving convictions. They are intended only to make the public aware of the rights a person has if questioned for drunk driving.
