Texas DWI Drunk Driving Rights
Reader’s Question:
When I was arrested last year, I was not made known of my rights by the policemen who charged me for a DWI arrest. Looking back, does that make my DWI arrest illegal in Texas?
Polly
Dallas, Texas
Nice question Polly. Most people are familiar with the so-called Miranda Rights, which include the right to remain silent and right to have appointed counsel present before you decide whether to answer any questions, once you are in police custody. However, the officers are not required to give Miranda warnings to every individual they caught for a DWI arrest unless they intend to question you once you are in custody. The requirement to give the Miranda warnings applies when the officer wishes to probe a person questions or interrogate them after they have been placed under arrest.
If the officers fail to give you your rights, after you are in custody, then any answers you give to questions can not be used against you in court. But that doesn’t make the arrest illegal. A skilled and experienced DWI defense attorney in Texas can determine whether a motion to exclude statements is warranted in your case.
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