Can I speak with an attorney before answering questions during a DWI stop?

DWI is different that most other crimes in the State of Texas in that a person suspected of drunk driving DOES NOT have a right to an attorney while being initially questioned by a police officer.  Under Texas law, a citizens right to counsel does not attach until the police officer decides to bring formal charges against the person.  Therefore, you do not have a right, except under very specific circumstances, to speak with an attorney when the officer is initially questioning you or before you do sobriety tests or even give a breath or blood test.

For a review of the law concerning your right to counsel in a DWI follow the link below.

 

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