What Are Your Rights At A DWI Checkpoint in Denton?
Law enforcement agencies across Texas have increased their approach to be more aggressive when it comes to arresting drivers suspected of drunk driving (DWI). There is a wide misconception that DWI checkpoints are not constitutional but they in fact are under federal and Texas state law. However, police must follow strict guidelines when carrying out DWI checkpoints. If you have been arrested at a DWI checkpoint, call our office to discuss possible mistakes that the police made and to schedule a free consultation.
Can I Avoid A DWI Checkpoint By Changing Driving Path?
Yes you can absolutely change directions away from the DWI checkpoint as long as you can do so legally, safely, and without causing any traffic violations. If you were to spot a DWI checkpoint a mile up the road, you can legally change directions by turning onto another street that comes up before the DWI checkpoint
Am I Legally Required To Show My License And Registration?
Yes, if your car is stopped at a DWI or DUI checkpoint, you must provide the officer with your vehicle registration and a valid driver’s license if they request these items. You are obligated to provide this on public roads because it is a condition that you agreed to previously when obtaining your Texas driver’s license
Am I Required To Answer Questions?
While it is true that you must provide your driver’s license and vehicle registration if an officer requests these items, you do not have to answer any of the officer’s questions. The 5th Amendment of the Constitution protects against self-incrimination so you are not required to say anything to the officer. This is true for sobriety tests as well – you are not required to submit to any of the officer’s requests for sobriety tests. Most of these tests are easy to fail and it is usually in your best interest to not perform these sobriety tests. It is your right to have a qualified attorney like Daniel K. Peugh of the Peugh Law Firm at your side before answering any questions from law enforcement. However, you will be told that your right to remain silent and your right to an attorney do not apply at the investigation phase. This is true. However, you will not need to rely on your right to an attorney if you exercise your ability to remain silent. They will not allow you to call your attorney and wait for that attorney to arrive at roadside. Still, your desire for an attorney and your unwillingness to be experimented on will bring the investigation to a quick close.
Can I Be Arrested At A DUI or DWI Checkpoint?
The arresting agency must have probable cause in order for them to arrest an individual for DWI/DUI or any crime for that matter. The police must have a certain amount of evidence and facts before they are able to make an arrest. If you are slurring your speech, have an open container, or are exhibiting other signs of intoxication, an officer may arrest you on suspicion of DWI or DUI. An officer cannot initiate a search of you or your vehicle unless they have already placed you under arrest or if they believe they have probable cause that there is evidence of a crime in your possession (either on your person or in your vehicle). The police may request for your consent to search you or your vehicle but this is not something you should ever agree to. Kindly tell the officer that you don’t consent to any searches without speaking to your criminal defense attorney first.
Consult with a Dedicated DWI Lawyer Today
If you are facing charges DWI or DUI charges or for drunk or drug-impaired driving, it is important that you seek a qualified DWI defense attorney as soon as possible. Getting started on your defense as soon as possible greatly improves the chances of a positive outcome for your case. At the Peugh Law Firm, we are dedicated to assisting those that have been charged with a DWI or DUI across the North Texas area. Our team is standing by and ready to start on your defense today. Call 940.566.0271 for a free consultation.