How to Protect Your Rights After a DUI Arrest in Texas

 Posted on October 10, 2023 in DWI / DUI

Being arrested for DUI charges in Texas can lead to a complex legal process with severe, life-altering consequences that go far beyond the night spent in jail. That is why understanding exactly how to respond after a DUI arrest is absolutely critical to protecting your legal rights and minimizing the penalties you may face with a Texas lawyer.

Be Cooperative but Selectively Silent

Beyond providing your driver’s license and basic identifying information as required, it is wise to decline to engage in any questioning or interrogations politely yet firmly. You should not have any discussions after your DUI arrest until you have a lawyer present with you. Anything you say to officers on the scene, on camera at the station, or on recorded police interviews can and will be used as statements against your interests later in court. Wait until your lawyer is present before providing accounts of what occurred.

Decline Field Sobriety Tests to Avoid Self-Incrimination

You do not have to agree to submit to field sobriety tests like walking heel-to-toe in a line, standing on one leg, or following an officer’s pen with your eyes. This can provide prosecutors with incriminating observation evidence that will damage your defense in front of the jury. Legally, you have the absolute right to decline such tests.

Consent to BAC Testing Could Help Your Case

In most DUI cases, agreeing to submit to a properly calibrated breathalyzer or blood alcohol concentration testing can provide helpful evidence down the road. It will show your BAC results were actually below the 0.08% legal limit at the time. Having this scientific data available may substantially help your case. However, given the complexities, discuss with your attorney whether submitting to such testing is helpful in your specific case.

Repeatedly Request Access to an Attorney

The moment you are formally arrested, regardless of circumstances, as a citizen, you have the legal right to speak privately with an attorney and have counsel present before consenting to questioning or any evidence-gathering tests.

Contact a San Antonio, TX Criminal Defense Lawyer

It is important to work with an attorney for strategic legal advice immediately after your arrest. It is crucial to begin building a tailored defense strategy for the impending legal proceedings. Do not wait until your initial court appearance to work with an attorney. Contact a San Antonio, TX Criminal Defense attorney for a