Do I Have A Right To An Attorney If Stopped For DWI In Texas?
You might be generally aware that you have a right to an attorney when charged with a crime, but it’s important to understand what that means if you’re stopped for a DWI in Texas. While it’s important to discuss the details of your case with a DWI lawyer, here are some answers to frequently asked questions about your right to legal counsel.
Do I Have A Right To A Lawyer For A DWI Case In Texas?
You do have the right to speak to an attorney for your DWI case, but you must know when it’s triggered in order to exercise that right. Not every interaction with a police officer will give rise to the right to a lawyer, because it only attaches when you’re officially in custody. As with most legal concepts, this term involves a highly technical definition.
What Does It Mean To Be ‘In Custody’?
In criminal law, custody is a law enforcement official’s act of detaining a person who’s been accused of a crime. However, the term is flexible, so whether you’re in custody when stopped for a DWI depends on the circumstances. Physical imprisonment, such as being handcuffed or forced into a police car would likely be seen as custody.
Can I Request An Attorney Before Doing A Field Sobriety Test?
Custody also encompasses the restraint of liberty, so being forced to do a field sobriety test may mean you're custody for purposes of a DWI stop. Still, always remember that you can ask to speak with an attorney at any point during the encounter with police. They may not honor your request, but the situation may give rise to a defense in your criminal court case.
Why Should I Retain An Attorney To Represent Me?
Being charged with a DWI in Texas is a serious matter that can impact your driving privileges and even result in severe criminal penalties. A first time offense will typically involve license suspension, fines and completion of an approved DWI education course. The penalties for subsequent DWI convictions and cases involving injury to another person are more severe.
Therefore, it’s smart to hire an attorney to handle your DWI case. These lawyers know your rights under the circumstances when you were stopped, including custody issues and conducting field sobriety tests. An attorney who specializes in DWI matters can represent your interests in court and help you get your driver’s license back.
Retain an attorney with an extensive background and experience in these types of cases. Please contact the attorneys at Stockard, Johnston, Brown & Netardus, P.C. in Amarillo, Texas to discuss your matter in more detail.
Do I Have A Right To A Lawyer For A DWI Case In Texas?
You do have the right to speak to an attorney for your DWI case, but you must know when it’s triggered in order to exercise that right. Not every interaction with a police officer will give rise to the right to a lawyer, because it only attaches when you’re officially in custody. As with most legal concepts, this term involves a highly technical definition.
What Does It Mean To Be ‘In Custody’?
In criminal law, custody is a law enforcement official’s act of detaining a person who’s been accused of a crime. However, the term is flexible, so whether you’re in custody when stopped for a DWI depends on the circumstances. Physical imprisonment, such as being handcuffed or forced into a police car would likely be seen as custody.
Can I Request An Attorney Before Doing A Field Sobriety Test?
Custody also encompasses the restraint of liberty, so being forced to do a field sobriety test may mean you're custody for purposes of a DWI stop. Still, always remember that you can ask to speak with an attorney at any point during the encounter with police. They may not honor your request, but the situation may give rise to a defense in your criminal court case.
Why Should I Retain An Attorney To Represent Me?
Being charged with a DWI in Texas is a serious matter that can impact your driving privileges and even result in severe criminal penalties. A first time offense will typically involve license suspension, fines and completion of an approved DWI education course. The penalties for subsequent DWI convictions and cases involving injury to another person are more severe.
Therefore, it’s smart to hire an attorney to handle your DWI case. These lawyers know your rights under the circumstances when you were stopped, including custody issues and conducting field sobriety tests. An attorney who specializes in DWI matters can represent your interests in court and help you get your driver’s license back.
Retain an attorney with an extensive background and experience in these types of cases. Please contact the attorneys at Stockard, Johnston, Brown & Netardus, P.C. in Amarillo, Texas to discuss your matter in more detail.