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3 rights you have during a DWI stop in Texas

On Behalf of | May 8, 2024 | DWI

Driving while intoxicated is a dangerous offense that significantly increases the risk of accidents, jeopardizing the safety of both the intoxicated driver and others on the road. As a result, DWI stops are common in Texas as law enforcement vigilantly enforces regulations to curb drunk driving, prioritizing public safety.

If you are pulled over at a DWI stop in Texas, it is important to know your rights, which include the following.

1. The right to remain silent

Perhaps the most well-known right across the United States, this allows you to refrain from answering any questions posed by law enforcement regarding your alcohol consumption or other related matters. It’s important to remember that anything you say can be used against you in court, so exercising your right to silence can help protect your legal interests..

2. The right to an official report

When you’re stopped at a DWI checkpoint or stopped for suspicion of driving while intoxicated in Texas, you have the right to request an official report of the incident. This report typically includes details such as the reason for the stop, observations made by the officer, any field sobriety tests administered and the results of those tests.

3. The right to refuse wrongful search and seizure

A law enforcement officer cannot search your vehicle without probable cause or your consent unless they have obtained a warrant. This means that if an officer asks to search your vehicle during a DWI stop in Texas, you have the right to refuse the search unless they have a valid reason supported by evidence.

You also have the right to seek legal guidance, and it is important to exercise this right promptly if you are facing charges or being questioned during a DWI stop in Texas.