Know Your Rights

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Experienced Houston DWI Defense Attorney Protecting Your Rights

At the Law Offices of Ned Barnett, we know what the police officers know about Texas DWI. We use that knowledge to protect your rights in court. Our founding lawyer and former prosecutor, Ned Barnett, is a NHTSA-certified practitioner in the standard field sobriety tests, as well as a certified breath test operator and maintenance technician on the Intoxilyzer 5000.

Read more: Am I going to jail?

If you act without a lawyer, you may be giving up valuable constitutional rights. Only when your rights are known can they be protected. We help our clients learn their rights related to arrests for driving while intoxicated.

You have the right to remain silent. When you have been stopped by the police and have handed over your driver’s license and proof of insurance, you have the right to choose not to make incriminating statements, including those about how much you have had to drink. This is true even if you haven’t heard the police officer “read you your rights.” The officer is only required to do this before he or she interrogates you in police custody.

You have the right not to participate in field sobriety tests. To determine whether or not you are driving while intoxicated, police officers may give you coordination tests like walking heel to toe or touching your nose. You do have the right to refuse these tests.

You have the right to a second opinion. Many people are unaware that if they take the breath test, they are entitled to a blood test taken by technicians of their own choosing and in compliance with Texas law.

You have the right to an attorney. You have the right to request an attorney to help you with charges of driving while intoxicated. After you have effectively invoked your right to a lawyer, the police cannot ask you any more questions until your attorney is there by your side.

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