Here at the Law Office of Kathy Holton, our clients involved with Driving While Intoxicated (DWI) often ask about their rights when getting arrested. One of the most common questions is this: What happens if I was not read my rights during the arrest?


Contrary to the popular notion that movies and TV shows have created, a person can still be charged even when not read the Miranda Rights. However, a police officer still needs to read this and the driver still needs to be aware of his/her rights. With the intensified law enforcement campaigns and stricter implementation of the law in Texas comes the necessary vigilance in defense of one’s rights.


A police officer can make you pull over when you’re driving any vehicle i.e. car, motorcycle, or truck given a reasonable suspicion that you are driving under the influence. Once proven guilty through evidence, field sobriety test, or breath and blood test, you will then be arrested and charged with a DUI or DWI.


Going back to the question on what happens when a person is arrested without being read the Miranda Rights, the United States Supreme Court ruled in that citizens taken into police custody must be informed of their right to avoid self-incrimination.


“The suspect has the right to remain silent. Anything they say can and will be used against them in a court of law. You have the right to an attorney. If you cannot appoint an attorney one will be appointed for you.”


These words known as the Miranda Warning sound familiar because of TV dramas. In the real world, however, they do not have to be read during the actual DUI, DWI arrest. This can be done any time before the official interrogation after being placed under arrest.


If you have released any statement prior to this, your defense lawyer can file a motion to have it removed as evidence and it cannot be used against you. What you do need to remember is that you have the liberty to stop answering the authorities’ questions at any time. It is still best to have a reliable DWI defense attorney by your side when the interrogation is happening here in the Williamson County Texas area.


Give us a call and schedule a free consultation with the Law Office of Kathy Holton so we can personally answer your questions about DUI or DWI. Thank you and have a nice day.