Knowing your rights during a Texas police stop could critically impact your case if you face criminal charges.
If police questioning violated the rights listed below during a traffic stop, remain calm and call Broden & Mickelsen, LLP.
Right to Remain Silent
The right to remain silent when pulled over for a traffic stop is a fundamental legal right. Under Texas law, you must provide your name, driver’s license, vehicle registration, and insurance information. However, you do not have to answer incriminating questions about where you are going or what you have been doing. For example, you do not have to answer questions such as “Have you been drinking?” or “Where are you headed?”
Right to Be Free of Unreasonable Searches
You have a constitutional right to refuse to consent to a search of your vehicle. However, if law enforcement officers have probable cause to conduct a search, they can do so without your consent. But can you be stopped in the first place? Yes, you may be stopped if the police have a reasonable suspicion that you committed a traffic violation. Such reasonable suspicion is sufficient to permit a traffic stop.
If law enforcement has reasonable suspicion that you have broken a law, that suspicion is sufficient to make the traffic stop legal. Like a Terry Stop, also known as a stop-and-frisk, for which law enforcement must reasonably believe someone has committed, is committing, or is about to commit a crime, reasonable suspicion is based on available facts at the time of the stop and reasonable inferences based on the circumstances and the officer’s training and experience.
Right to Refuse Field Sobriety and Breathalyzer Tests
Texas has an implied consent law. Under this law, if you drive in Texas, you consent to submit to a breath or blood sample upon arrest for driving while intoxicated (DWI). However, the requirement to provide these samples is only triggered upon your lawful arrest for DWI. Before an arrest, you can refuse to submit to a breathalyzer test, blood testing, and field sobriety tests.
Right to Legal Counsel If You Are Arrested
You have the right to consult a lawyer if you are arrested. It is critical to seek legal advice from an experienced criminal defense attorney before answering questions. Your rights may be violated if law enforcement insists you answer questions outside the presence of a lawyer after you request one. State clearly that you want to speak to a lawyer, exercise your right to remain silent, and call Broden & Mickelsen, LLP immediately for help.
Were Your Rights Violated? Contact an Experienced Texas Criminal Defense Lawyer
With more than 60 years of combined criminal defense experience, Broden & Mickelsen, LLP is the right choice when you need a criminal defense attorney in Texas. Mr. Broden and Mr. Mickelsen are board-certified specialists in criminal law and criminal appellate law as designated by the Texas Board of Legal Specialization. If your basic rights were violated during a police stop, call us to discuss your case and learn how we can help in a free consultation.
