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Rights During A DWI Stop Real Representation for Real People

Rights During a DWI Stop

Attentive Legal Representation in Denton County

Many people might not be aware that even at the initial traffic stop for a DWI, they have certain protections. Exercising these rights can help prevent drivers from unknowingly providing evidence that the State can use to strengthen their case against them. If the driver’s rights were violated at any point during the stop, this may be grounds for a reduction of charges or dismissal of the case.

If you were charged with driving while intoxicated, consult with our Denton lawyers about your circumstances. At Marsala Law Group, we deliver personalized legal representation and will listen to what happened to you from the initial stop to the time of your arrest. We will create a defense strategy based on your particular circumstance.

We approach every case in a carefully planned and effective manner. Get started on your defense by calling us at (940) 386-6848 or contacting us online today.

A Typical DWI Stop

Although no two DWI-related situations are ever the same, some similarities exist that many drivers will experience.

A typical DWI stop may proceed as follows:

  • The officer stops a driver for a traffic violation
  • The officer suspects that the driver has been consuming alcohol
  • The officer administers the field sobriety tests
  • The officer administers a chemical test of some sort to verify the alcohol content in the driver’s body

Each step in the investigation can be specifically and successfully attacked. Discuss your situation with us, and we can discuss your legal options.

Understanding Your Rights During a DWI Stop

First, drivers have the right to be stopped for a reason. It is unconstitutional for an officer to pull over a person without cause. Even in instances where law enforcement has set up road checkpoints, they must have a significant reason. Additionally, they must follow a set process to avoid violating the rights of the citizen. If the stop is made without cause, all the evidence that is accumulated thereafter to prove a person was driving while intoxicated will be suppressed.

Typically, an officer will make a traffic stop because they claim to have seen a violation, such as failing to use a turn signal, driving erratically, or having a broken tail light. Even if the officer is only looking for a reason to stop a vehicle, with the further purpose of investigating for DWI, the stop will be treated as legal and valid if the driver did violate a law. In other words, the true intent for the stop is irrelevant, as long as the officer had probable cause.

Second, drivers have the right to remain silent. Even though officers aren't required to read Miranda rights during a stop, motorists do not have to answer questions beyond providing basic identifying information. The person can respectfully decline to give statements.

Third, drivers have the right to refuse field sobriety tests (FSTs). The officer will administer these assessments to determine whether or not the motorist is inebriated. And while they might phrase their request so it seems like the FSTs are required, they are not. They are mainly conducted so the officer can establish probable cause to make an arrest and later be used as evidence in court.

Fourth, drivers have the right to decline a search of their vehicle. During a roadside stop, an officer can only look through the car if there’s reason to believe a crime has been or will be committed. For instance, if they see an open bottle of alcohol on the passenger seat, that may suggest the motorist was drinking and driving. However, a cop cannot search a car for no reason. But if the driver gives consent, they’ve given up their right to be free from unreasonable searches.

Contact Marsala Law Group Today

Our Denton attorneys are direct and upfront, and we’ll provide an honest assessment of your case. We’ll help you understand your rights and determine if any were violated during your DWI stop.

Call us at (940) 386-6848 or contact us online today.

Our Victories

Recent Case Results
  • A.G. – Denton Misdemeanor Assault Family Violence Not Guilty

    State presented seven eye-witnesses to dispute our claim of self-defense.

  • A.P.G. – Denton Aggravated Sex Assault of Child & 3 Counts of Indecency with a Child Not Guilty - Jury Trial
  • C.D. – Denton Felony Violation of Protective Order Case Dismissed

    Dismissed and we are now suing the arresting agency.

  • Dr. J.B. – DWI with Multiple Drug Charges Cases Dismissed

    All drug cases dismissed as well as a subsequent DWI while the client was on Probation.

  • Dr. R.C. – Tarrant DWI Not Guilty
  • E.D.M. Denton Felony Assault with Priors Reduced to Misdemeanor Time-Served

    Charge reduced; client served one day in jail.

  • E.H. – Denton Misdemeanor Assault Family Violence Case Dismissed
  • H.R. – Denton Felony Aggravated Assault Not Guilty

    Not guilty verdict despite 3rd party-eye witness who testified my client went out to his car and grabbed a tire iron and chased after the victim and beat him repeatedly over the head. This is self-defense at it's finest.

  • J.G. - Denton Felony Drug Charge Case Dismissed

    Dismissed due to invalid search.

  • J.P. – Dallas Felony Indecent Exposure Case Dismissed

    Original offer was 5 years in prison. After our investigation prior to trial, we discovered enough inconsistencies to convince the DA to dismiss!


The Marsala Law Group Difference

Reasons to Choose Our Team
  • Honest Legal Counsel

    We firmly believe honesty is the best policy. Our team will provide you with transparent updates and realistic outcomes.

  • Personalized Attention & Service

    Each case and each client is different. We provide focused representation that is specific to your case and your needs.

  • Available 24/7 for You

    Our lead attorney is personally available to each and every client. We are there for you day or night.

  • We Care About the Outcome

    We truly care about each and every client. We understand this is a vulnerable time in your life and we are committed to being with you every step of the way.

Trusted Representation

Real Reviews from Former Clients
    Listens. Works for you. Fights for you.

    “You can trust him with your future.”

    - Jonathan M.
    This attorney really cares about his clients and the outcome of their case.

    “I have personally seen him go the extra mile for myself as well as others and he has a talent for getting the truth heard, even when it seems impossible.”

    - Paul S.
    He is the epitome of a professional and a magician in the courtroom.

    “I would recommend him to anyone asking about anything.”

    - Chris
    I can't praise him enough and I thank God for him.

    “Mr. Marsala is a fantastic lawyer he is very professional and gave me hope where there wasn't none.”

    - Cathy F.
    He always handles everything with professionalism, speed, compassion, and like we are the most important case in his life.

    “We feel indebted to him for all of his hard work and would recommend anyone to him.”

    - Friddle

Schedule a Free Consultation Today

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