Understanding Your DWI Rights
If you’ve been charged with DWI (Driving While Intoxicated), it can be an overwhelming experience. You might be worried about what comes next, how the charges will affect your future, and, most importantly, what your DWI rights are. Knowing your rights and responsibilities is the first step in building a solid DWI defense.
Let’s discuss the essentials and what you should expect during the process.
What Are Your DWI Rights?
When you’re pulled over on suspicion of driving while intoxicated, the situation can escalate quickly. Staying calm is crucial, but so is remembering you have rights that must be respected by law enforcement. So, what are those rights?
In most cases, you have four fundamental DWI rights:
#1. The Right to Remain Silent
Under the Fifth Amendment, you have a right to remain silent, which means you do not have to provide incriminating information. It also means you are not required to answer questions about whether you’re intoxicated. The only required information is your operator’s license, registration, and proof of insurance.
Politely decline to answer questions because anything you say can and will be used against you in court. Instead, say something like, “I choose not to answer questions without my attorney present.”
#2. The Right to Refuse Field Sobriety Tests
Texas’s “implied consent” laws require all motorists to agree to take blood or breath tests if they are lawfully arrested for DWI. Therefore, motorists under arrest who refuse testing can risk losing their license for 180 days to two years, depending on their driving record.
However, you still have the right to respectfully refuse to take a field sobriety test if you’re not under arrest. Understand that refusal doesn’t stop an arrest. Refusing can limit the evidence against you when building a DWI defense later.
While refusing a field sobriety test may cause suspicion, it is within your DWI rights to decline. Field sobriety tests are often subjective, and even completely sober people can fail them under stressful conditions. Consult an experienced TX attorney for more information.
#3. The Right to Legal Representation
One of your most important DWI rights is the right to legal representation. That means you can and should contact an experienced attorney as soon as possible after your apprehension or arrest. Having a skilled legal team by your side helps ensure your DWI rights are protected throughout the process.
Don’t try to navigate the legal system alone. DWI attorneys can provide guidance and begin working on an effective DWI defense immediately. Contact Lamb & Turner to learn more.
#4. The Right to Challenge Breath and Blood Tests
Law enforcement may utilize breathalyzer or blood tests to measure your blood alcohol content (BAC) or level of intoxication. While refusing those tests under certain circumstances can result in increased penalties, you have the right to challenge the test results in court.
Breathalyzer tests can sometimes be inaccurate due to faulty equipment or improper administration. Meanwhile, blood tests can be challenged if there are errors in the testing process or how the sample was handled. A skilled DWI defense attorney can investigate the circumstances surrounding your arrest to ensure no mistakes were made.
Building a Strong DWI Defense
Understanding your DWI rights is important, but it’s equally critical to know how to use them to build a strong DWI defense. Thorough preparation from a skilled legal team is essential, as are leveraging these effective strategies when applicable:
- Challenging the stop
- Questioning BAC calibration or contamination
- Arguing for rising BAC
- Examining arrest procedures
As of September 2019, you have the right to enter a plea bargain for a lesser charge if charged for the first time with driving while intoxicated in Texas. Defendants can receive a deferred adjudication to have their charges dismissed after completing a probationary period. However, the eligibility requirements are below:
- BAC under .15%
- Use an ignition interlock device
- Comply with the conditions of the court
DWI deferred adjudication programs in TX are unavailable for permit holders and commercial drivers. Also, the process is complex and requires experienced legal counsel. Don’t face the complex court system alone. Contact Lamb & Turner to get the representation you need.
Conclusion
Protect yourself against uncertainty and unnecessary penalties when you fight for a fair outcome with Lamb & Turner, PLLC. We are committed to defending your DWI rights with precision, compassion, and dedication. Contact us today to discuss how we can help build a strong DWI defense and safeguard your future.