Skip to content

Drivers’ Rights Review by Lawyer Tad Nelson

Updated: Dec 28, 2022 @ 8:32 pm

Less than 1 minute Reading Time: Minutes

If you’re a Houston area motorist then you know one of the worse things that can happen during the course of your day is to be interrupted by police who are initiating a traffic stop on you.

Regardless of why you were stopped by the police, and regardless of which law enforcement agency executed the traffic stop, you have numerous rights that are meant to protect you from unsavory practices that may be executed by law enforcement. If you aren’t aware of your rights, there is a strong chance that you could waive your rights without even knowing which will serve to make matters worse.

3 Important Legal Tips

If you’re stopped by the Houston Police Department or the Harris County Sheriff’s Office, or if you want to be prepared for potential police stops in the future for any reason including suspicion of DWI, the 3 concepts listed below will serve you well during any encounter your have with police.

In addition, if you’re arrested, you’ll put your lawyer in a better position to defend you and/or fight the criminal charges altogether.

  1. Be polite with police and do your best to remain calm. Failure to do so can result in unintended consequences and an irrational response by Houston area law enforcement officials.
  2. Don’t answer any questions that you aren’t required by law to answer. The best example of how this can work for you is to avoid answering questions from police that are meant to entice you into admitting guilt.
  3. Don’t be irate with police, or show anger/aggression. If the police, or their cars are recording video of you being irate and irrational with police, the prosecutor may show the video to the jury during your trial. This will not leave a positive impact on the jury and will make it more difficult for your Houston DWI lawyer to use your “character” as an item of defense or as a tool to earn empathy from jurors in court.

Handling DWI Stops in Houston, TX

There are only 5 pieces of information you’re required by Texas law to provide the police officer upon request and they’re listed below.

  1. Your full legal name.
  2. Your current place of residency.
  3. Your vehicle registration.
  4. Proof that you insured as a driver in Texas.
  5. Your Texas Driver’s License.

If the police ask you any questions with answers not included in the list above, you have to make a very important decision on whether to answer those questions or not. Houston DWI Lawyer Tad A. Nelson advocates non-participation in road-side interrogation.

In some cases, it may serve in your best interest to answer some questions posed by law enforcement to show cooperation and good spirit, but we recommend politely declining to answer non-legally required questions and certainly not answering any questions that will imply guilt on your part in any way.

It’s best to keep quiet.

Legal Rights of Texas Drivers

When you’re stopped by police in Houston for DWI, or for any other reason, you have a number of rights which we’ve listed below for your convenience.

  • Texans don’t have to tell police where about their comings and goings.
  • Don’t answer any incriminating questions about whether you’ve used alcohol or drugs, in any capacity, ever in life, at anytime in life.
  • Don’t disclose your medical history, medical condition, or medicines/prescription drugs you may be using.
  • You have the right to refuse consent to a search of your person or property.
  • You also have the lawful right to refuse roadside drug and alcohol testing.
  • You don’t have to expose the contents of any pockets on your person nor unlock any compartments in or on your vehicle.
  • If there is a sealed container in your vehicle, you don’t have to open it for the police.

Arrested for DWI in Houston?

Call Houston DWI Lawyer Tad Nelson!

Any lawyer you consult will tell you: DWI cases in Houston are harshly prosecuted due to the nature of the crime, the propensity for harm to an unsuspecting public, and the ferocious nature in which the State of Texas pursues DWI defendants in criminal court.

Tad Nelson on FOX NewsLawyer Tad Nelson has over 27 years of experience successfully representing the plight of the accused in the court of law and has no plans to ease up on prosecutors who are hoping to make examples of his clients.

Tad A. Nelson is among the MOST RESPECTED DWI lawyers currently practicing criminal law in the United States of America. As a commonly seen expert guest on national TV news outlets like FOX, Tad Nelson is the “go-to guy” when an ACS/CHAL lawyer-scientist is needed for expert commentary on cases that find their way into the national spotlight.

Although facing criminal charges related to DWI can be frightening, you’ve only been accused of drunk driving, not convicted. Contact Lawyer Tad Nelson or Lawyer Amber Spurlock at 281-502-2122 with any questions you have if you’re facing an upcoming court appearance for a DWI related charge in Houston.

Drivers’ Rights Review by Lawyer Tad Nelson

Houston DWI Lawyer Tad A. Nelson

Board Certified in Criminal Law

Contact A Lawyer

Schedule Your Free Consultation Today

Form: DWI Ads - Clear Lake
Sending

TBLS-White
Texas Bar College
State Bar of Texas
Martin Dale Hubbard Client Champion
Rated by Super Lawyers
AV Preeminent DWI Attorneys

Resources

Our Blog