Legal Question in DUI Law in Texas

DWI and Miranda Rights

Can I be arrested for a DWI when my car was stalled on the road, I was not inside it and the officer was aiding, then noticed I may be intoxicated so gave me tests and never asked for my license, just roughly turned me around and slapped the handcuffs on me and told me he was taking me in. Once in I was never read my rights until Bond was posted the next morning. I plan on fighting the charge and want the case thrown out. Can this happen


Asked on 1/30/07, 4:45 pm

1 Answer from Attorneys
Lewis Palomino Law Office of Lewis Palomino

Re: DWI and Miranda Rights

To be in violation of the law one has to be operating a motor vehicle in a public place with a blood alchol level of .08 or above OR lacking he normal use of mental or phsyical faculties. Your attorney may be able to attack the charge because you were not operating the vehicle. Unlike what people see on TV, the police do not have to read you Miranda rights unless they are planning on questioning you. In fact most people who get arrested don't hear Miranda until the first appearance before a magistrate. You should retain an attorney as soon as possible.

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Answered on 1/30/07, 6:21 pm


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