When you’re facing a DWI charge in Texas, it’s crucial to
understand your rights under the law. As a top criminal defense firm in San
Antonio, New Braunfels, San Marcos, and Austin, DWI Guys Texas is here to help.
Our firm, led by a former prosecutor, specializes in defending clients against
DWI charges and other criminal allegations. In this blog post, we will discuss
one essential aspect of your rights during an arrest: your Miranda rights.
Miranda rights, also known as the Miranda warning, are a
series of statements that law enforcement officers are required to recite to
individuals in custody before questioning them. These rights were established
in the landmark 1966 Supreme Court case Miranda v. Arizona and are designed to
protect your Fifth Amendment right against self-incrimination and your Sixth
Amendment right to counsel.
The Miranda warning typically includes the following
You have the right to remain silent.
Anything you say can and will be used against you in a court
You have the right to an attorney.
If you cannot afford an attorney, one will be provided for
If you’re arrested for a DWI in San Antonio, New Braunfels,
San Marcos, or Austin, it’s essential to understand how your Miranda rights
apply to your case. Here are some key points:
Right to Remain Silent: You are under no obligation to
answer any questions or provide any information to law enforcement officers. If
you choose to remain silent, this decision cannot be used against you in court.
Right to an Attorney: You have the right to consult with an
attorney before speaking to the police. This right is crucial in a DWI case, as
the legal complexities can be challenging to navigate without professional
When Miranda Rights Apply: Keep in mind that Miranda rights
only apply when you are in custody and being interrogated. If you’re pulled
over and asked routine questions, such as providing your name or license, you
are not protected by Miranda rights.
Invoking Your Rights: To invoke your Miranda rights, simply
tell the officer that you wish to remain silent and would like to speak to an
attorney. It’s important to be clear and unequivocal when invoking your rights.
Waiving Your Rights: You can choose to waive your Miranda
rights by agreeing to answer questions without an attorney present. However, we
strongly recommend consulting with an experienced DWI attorney before making
any statements to law enforcement.
If you’ve been charged with a DWI in San Antonio, New
Braunfels, San Marcos, or Austin, don’t hesitate to contact DWI Guys Texas for
a free consultation. Our team, led by a former prosecutor, is dedicated to
helping you navigate the legal system and protect your rights. With our
extensive experience and knowledge of Texas DWI laws, we will work tirelessly
to achieve the best possible outcome for your case. Call us today at 210-570-2590
or visit our website at www.dwiguystexas.com to get started.
Disclaimer: The content on this website is for general informational purposes only and does not constitute legal advice or establish an attorney-client relationship. Do not act or rely on this information without consulting a licensed attorney in your jurisdiction. Contacting this law firm or its attorneys through this site does not create an attorney-client relationship or duty of confidentiality.