According to the National Highway Traffic Safety Administration (NHTSA), about 1.5 million drivers are arrested every year on charges of driving while intoxicated (DWI) in the U.S.A. That amounts to one arrest every 53 seconds, highlighting the severity of impaired driving.
DWI arrests are especially common in states such as Texas, Arizona, and San Antonio, where nightlife and social gatherings are prominent. Unfortunately, many do not know their legal rights after a DWI arrest, even though this can strongly impact the outcome of their case.
Understanding your rights is crucial after a DWI arrest. The moment you’re pulled over, how you respond can influence the legal journey ahead.
Knowing when to keep your mouth shut, requesting legal representation, or figuring out how field sobriety tests work can all make a difference.
In this article, we’ll explain your legal rights after a DWI arrest and give you advice based on the expertise of actual DWI attorneys to help you navigate the legal process.
1. Right to Legal Representation
The right to an attorney is one of your most powerful rights after a DWI arrest. This means you have the right to have legal counsel when in interrogations, hearings and in court.
Why Is This Crucial?
- Legal Guidance: An attorney can help you respond to questions and protect your rights.
- Case Strategy: Your lawyer can find legal loopholes, challenge evidence and potentially have charges reduced or dropped.
Pro Tip: As soon as you are arrested, tell the cops, “I want to speak to my attorney before I answer any questions.”
Additionally, always be aware of reputable lawyers nearby. For instance, if you reside in San Antonio and find yourself in exactly such a scenario, make an instant call to a top San Antonio DWI attorney who will help you protect your legal rights.
2. Right to Remain Silent
After being arrested for DWI, one of the most important rights you have is the right to remain silent without an attorney present, protected under the Fifth Amendment of the U.S. Constitution. This means that you are not required to answer any questions that can put you in trouble.
Why Is This Important?
- Avoid Self-Incrimination: Officers might ask, “Have you been drinking tonight?” Even pretending to answer this question could later be used against you.
- Minimize Legal Complications: Whatever you say may be put into court records and used against you.
Pro Tip: Politely let the officer know that you want to exercise your right to remain silent and do not wish to answer any of their questions until you have spoken to an attorney.
3. Right to Refuse Field Sobriety Tests
If you are pulled over for DWI, officers will ask you to complete a series of field sobriety tests (FSTs) to assess your physical and cognitive abilities. These tests typically include the walk and turn, the horizontal gaze nystagmus, and the one-leg stand tests.
Can You Refuse These Tests?
Yes, you have the right to refuse field sobriety tests. Refusal, however, may result in immediate arrest under suspicion of DWI, especially in states that have implied consent laws.
Why Should You Refuse?
- Subjective Interpretation: Field sobriety tests depend on the officer’s judgment, which can be wrong.
- Health Conditions: Even if you are sober, conditions like anxiety, fatigue, or balance problems can impact your performance.
Expert Tip: Politely refuse the field sobriety test but comply with lawful requests to present your license, registration, and proof of insurance.
4. Right to Decline a Breathalyzer Test (With Consequences)
Most states impose implied consent laws that often mandate chemical tests (like a breathalyzer) if a driver is arrested for DWI. But you do have the right to refuse.
What Happens If You Refuse?
- License Suspension: In many states, if you refuse breathalyzer tests, you will have an automatic license suspension (up to 12 months).
- Used Against You: Refusal, however, can be an admission of guilt, although it’s not always a conclusive one.
Expert Advice:
- If you are sure your blood alcohol concentration (BAC) is below the legal limit, testing may be advisable. If you are unsure, politely say you don’t need to take the test and ask for your legal representation to be called in immediately.
5. Right to Challenge the Arrest
Having been arrested for a DWI doesn’t mean conviction. You have the right to challenge the arrest by:
- Reviewing Bodycam Footage: Make sure the officer observed appropriate procedures.
- Challenging the BAC Results: Breathalyzers are not always accurate — they can be calibrated incorrectly or used improperly.
- Questioning Field Sobriety Tests: If you failed a field sobriety test due to health issues, fatigue, or bad conditions, your attorney can challenge its validity.
6. Right to a Fair Trial
The Sixth Amendment grants you the right to a fair and speedy trial. This includes:
- Presenting Evidence: You can provide witnesses, alibi evidence, or expert testimony.
- Challenging Evidence: You will have the right to dispute evidence presented against you.
- Trial by Jury: When a DWI case is serious, you have the right to be indicted by a jury of your peers.
How to Find the Right DWI Attorney?
After a DWI arrest, choosing the right attorney is very important. Since there are so many legal professionals available, you want to find a person who specializes in DWI cases and has a track record of success.
Below are important things to keep in mind when finding the best DWI attorney:
- Specialization in DWI Cases: Find an attorney who specializes in DWI or DUI cases only. Their knowledge will increase your chance of a positive resolution.
- Local Experience: Consider hiring a lawyer who is familiar with the local courts, judges, and legal procedures.
- Track Record of Success: You want to find an attorney with a proven track record of getting reduced penalties, case dismissal, or a favorable outcome in DWI cases.
- Clear Communication: Make sure your attorney will keep you informed about your case’s progress, defense strategies, and potential outcomes.
- Transparent Fees: Get to know their fee structure upfront to avoid hidden future expenses. Seek out payment plan information if necessary.
- Willingness to Go to Trial: Rather than accepting a quick plea deal, look for an attorney who will fight your case in court if necessary.
- Positive Reviews: Check client reviews, testimonials, and ratings on platforms like Google or Avvo to gauge their reputation.
Conclusion
A DWI arrest is a very overwhelming situation, but knowing your rights can make a big difference in the outcome of your case. Every step you take post-arrest can influence the course of your legal journey, ranging from exercising your right to remain silent to taking on the validity of your arrest.
The best thing you can do is always consult with an experienced DWI attorney to protect your rights and explore possible defense strategies. Understanding and using your legal rights is often the first step in safeguarding your future.