Houston DWI Criminal Defense: What Happens if The Police Officer Doesn’t Read my Miranda Rights?

February 9, 2022

At the time of your DWI arrest in Texas, while not absolutely necessary for the police to arrest you, if the law enforcement officer failed to read your Miranda rights, it may be a violation of your legal rights. You need a tenacious Houston DWI criminal defense attorney on your side who can prove that your rights were not read to you, and use this in the best way possible to get certain evidence thrown out that can tremendously help your chances of a successful result. 

Evidence Against You Will Cease to Matter

If the police officer did not give you the proper Miranda warning prior to arresting you for DWI, any ensuing search, interrogation and collection of evidence against you may be inadmissible in a Texas court. No matter if the evidence includes physical or forensic evidence, video evidence or your own self-incriminating statements, the court may not admit them if your Miranda rights were violated in the first place.

In any case, during and after your arrest on the charges of a suspected DWI, you should cooperate with the arresting officer, but exercise your right to remain silent until you have an opportunity to talk to a Houston DWI criminal defense lawyer.

Protection From Self-Incrimination Under The 5th Amendment

You have constitutional rights under the 5th amendment, which protect you against coercion, intimidation, and self-incrimination in Texas and elsewhere in the country. A knowledgeable Houston DWI criminal defense lawyer clarify to you the following civil rights that you have if you are arrested on the charges of DWI:

·        You have the right to remain silent.

·        You have the right to not become a witness against yourself (which is provided as part of the 5th amendment as well as was a part of the decision of the US Supreme Court in the case of Miranda v. Arizona.

·        The Texas Constitution Article I, Section 10 also gives you the right to not give any self-incriminating evidence against yourself.

·        Under the federal as well as state constitutions, you have the right to be represented by a lawyer during all custodial interrogations.

The objective of the 5th amendment to the US Constitution is to protect individuals from unfair prosecution and arrest by preventing coercion, self-incrimination, entrapment, and false imprisonment. To learn more about your 5th amendment rights, you should consult with a reputable Houston DWI criminal defense lawyer.

How to Avoid Being Self-Incriminated?

During or after your DWI arrest in Texas, the law enforcement officer may inform you that you are under criminal investigation for suspected DWI, or may bring you to a hospital or police station for a breathalyzer test or for further questioning. This is the time to be careful and avoid getting tricked into giving a statement.

You must politely refuse to answer questions and assert your right to remain silent until you have a lawyer present with you. You may ask the police officer if you are free to leave. If they say, “Yes,” remember that the right to remain silent under the 5th amendment no longer applies because then you are not under arrest. Therefore, you should leave right away.

Get the Best Houston DWI Criminal Defense Team on Your Side

Did you get arrested for DWI in Texas without having your Miranda rights read to you? It is time to speak to our talented defense lawyers at Tyler Flood & Associates, Inc. We will swing into action right away and work to have your DWI charges dropped. To request a free and confidential consultation, call us at 713.224.5529 or contact us online.


Use the form to submit your request for a free consultation.

*Use of this form does not constitute an attorney-client relationship.

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Disclaimer: The information on this website does NOT constitute legal advice. If you need legal advice, then retain an attorney to discuss the facts of your case. If you would like to discuss your case with an attorney at Tyler Flood & Associates, Inc., then please contact us to schedule a consultation. Until we specifically agree to act for you on a matter, you should not provide us with any confidential information or material.
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