DWI/DUI Practice Center

Know Your Rights

You Have Rights

Arrested for a DWI or DUI? You Have Rights

1. You Have The Right to Remain Silent -- You cannot be compelled to submit to an interrogation. During a traffic stop, an arrest and at the police station, you can and should politely refuse to answer officers' questions. Remember, law enforcement agencies videotape or record almost everything -- they even have cameras in many police cars. All of the encounters on video could be used as evidence later, so don't say or do anything that could hurt your case if it's shown to a jury. Contact Carabin Shaw today.

2. You Have the Right to Decline Blood and Breath Tests -- In Texas, you may legally decline to take tests of your blood or breath. You can't be charged with any extra crimes for declining these tests, although your license may be suspended if you decline to take a breath test. In some cases, test results from the handheld machines law enforcement carries may not even be admissible in court. If you feel it's not in your best interests to submit to the tests, you should refuse calmly and politely. Again, the chances are good that your actions are being recorded, so rudeness or anger could hurt your case later.

3. You Have the Right to Fight Your Driver's License Suspension -- Under Texas law, law enforcement may confiscate your driver's license right after an arrest for DWI or DUI, while you're still at the police station. Hidden in the stack of paperwork they give you when you're released is a form telling you that your license will be automatically suspended. That form tells you that you have the right to a hearing at which you can contest the suspension -- but you have just 15 days from your arrest to request the hearing. If you don't meet the deadline, the hearing is waived and you can do nothing to fight your license suspension.

4. You Have the Right to a Trial by Jury -- Under the United States Constitution, people charged with DWI or DUI (like other criminal charges) must be offered a jury trial. At that trial, you must be presumed innocent unless the prosecutor can prove otherwise. You also have the right to an attorney in criminal cases. Most people charged with intoxicated driving have never been caught in the criminal justice system before. If you're not familiar or comfortable with the system, it's critical to hire an experienced DWI lawyer who can guide you through your case. Jury trials don't carry guarantees, but in Texas, defendants charged with misdemeanor DWI often end up with probation, even if they went to court.

If you or someone you care about has been charged with DWI, don’t be intimidated. Protect your rights by calling experienced, aggressive DWI attorneys from Carabin Shaw. They have represented people in the greater San Antonio area in intoxicated-driving cases and other criminal matters.

Our office offers a bail bond service as well, and can advise you throughout the bail proceedings.

Located in San Antonio, we represent clients charged with DWI, DUI and other alcohol-related or traffic violations in Bexar County and all surrounding areas.

Contact Carabin Shaw today for experienced representation in driving while intoxicated (DWI) legal matters. Your first consultation is always free, so send us an email or call 210.222.2288 today.

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