If you're pulled over for DWI, don't answer any questions. It may feel awkward, but it's important to stay silent.
What Should I Say?
Instead of answering questions, tell the officer, "I request that my lawyer be present before answering any questions." Remember your Miranda rights:
You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense.
As stated in a previous post, even if these rights are not read to you, they are still your rights. The only pieces of information you are legally obligated by Texas law to give a police officer are your full name, driver's license, and proof of insurance.
Instead of answering questions, tell the officer, "I request that my lawyer be present before answering any questions." Remember your Miranda rights:
You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense.
As stated in a previous post, even if these rights are not read to you, they are still your rights. The only pieces of information you are legally obligated by Texas law to give a police officer are your full name, driver's license, and proof of insurance.
Could I Be Arrested for Not Answering Questions?
The hard truth is that yes, you could be arrested. But sometimes the arresting officer is actually infringing upon your fifth amendment rights.
After receiving your driver's license and proof of insurance, the officer might mention that you smell like alcohol and proceed to ask you a few simple questions while you're still in your vehicle, hoping you incriminate yourself. When you refuse to answer and ask that your lawyer be present, he or she may ask the same questions again. When you again refuse to answer, the officer may tell you to get out of the vehicle and proceed to arrest you simply based on observable facts (e.g. smelling like alcohol, red bloodshot eyes, etc.). The fact is that they will err on the side of caution and arrest you on facts that likely won't hold up in court by themselves.
So don't be afraid of being arrested. By staying quiet, you're giving yourself the best chance of winning the whole case.
The hard truth is that yes, you could be arrested. But sometimes the arresting officer is actually infringing upon your fifth amendment rights.
After receiving your driver's license and proof of insurance, the officer might mention that you smell like alcohol and proceed to ask you a few simple questions while you're still in your vehicle, hoping you incriminate yourself. When you refuse to answer and ask that your lawyer be present, he or she may ask the same questions again. When you again refuse to answer, the officer may tell you to get out of the vehicle and proceed to arrest you simply based on observable facts (e.g. smelling like alcohol, red bloodshot eyes, etc.). The fact is that they will err on the side of caution and arrest you on facts that likely won't hold up in court by themselves.
So don't be afraid of being arrested. By staying quiet, you're giving yourself the best chance of winning the whole case.
You Need Fast Representation
Call me today. Whether or not your rights were infringed upon, you need a DWI attorney who can investigate every detail of your arrest and ultimately build a case in your favor.
Call me today. Whether or not your rights were infringed upon, you need a DWI attorney who can investigate every detail of your arrest and ultimately build a case in your favor.