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DWI - Know Your Rights

What are my rights after being arrested for DWI?

If you have been charged with DWI/DUI in the state of Texas, it is important to understand your legal rights. Under Texas state law, when arrested for a driving while intoxicated or driving under the influence, you have the right to the following:
  • You have the right to refuse the breath test.
  • You have the right to refuse to tell the officer what or if you have been drinking.
  • You have the right to refuse to tell the officer where you are coming from or going to.
  • You have the right to refuse a breath or blood test after you have been stopped or arrested for DWI/DUI (although refusing the test may result in the suspension of your license for 180 days).
  • You have the right to refuse any type of field sobriety test.
  • You have the right to have your own private blood test performed by a doctor of your choosing.
  • You have the right to remain silent until your DWI attorney is present.

Remember that everything you say and do after or before you have been arrested can be used against you in a court of law.  Using the above rights will, however, most likely result in a DWI/DUI arrest. On the other hand, not exercising your rights most likely would have ended in an arrest anyway. Asserting your rights may make a positive difference in the outcome of your case.

Our results speak for themselves, schedule a free consultation with our DWI Trial Team today!


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