Know Your Rights: A Guide to Your Legal Protections During an Arrest in Texas

Under the law, you are innocent until proven guilty. However, if you are arrested, you might feel like the odds are stacked against you. In this situation, it is important to understand that you are entitled to certain legal protections during an arrest and beyond. Unfortunately, if you don’t know those rights, you may not assert them, leading to unfair outcomes in your case. Here is a breakdown of some of the important legal protections you have if you are accused of a crime in Texas.

Miranda rights

U.S. law enforcement officers must inform a suspect of their Miranda rights before conducting a custodial interrogation. These rights stem from the 1966 U.S. Supreme Court case Miranda v. Arizona. According to that landmark ruling, law enforcement officers must inform suspects of certain constitutional rights, namely, the right to avoid self-incrimination and the right to legal counsel.

When law enforcement officers make an arrest and intend to interrogate a suspect, they must typically recite the following basic warnings (commonly referred to as the Miranda Warning):

• Right to remain silent: “You have the right to remain silent.” This informs the suspect that they do not have to answer any questions or provide any statements.
• Right against self-incrimination: “Anything you say can and will be used against you in a court of law.” This emphasizes that if the suspect chooses to speak, their words may be used as evidence in a trial.
• Right to an attorney: “You have the right to an attorney.” This informs the suspect that they have the right to consult with a lawyer before answering any questions and can have an attorney present during questioning.
• Right to a public defender: “If you cannot afford an attorney, one will be appointed for you.” This guarantees that if the suspect cannot afford to hire a lawyer, the court will appoint one to represent them, typically through a public defender.

The Miranda warning must be read when the suspect is in custody—meaning they are not free to leave—and when being questioned by law enforcement in a way intended to elicit incriminating responses. There are times when law enforcement fails to properly inform a suspect of their Miranda rights before a custodial interrogation. In those cases, any statements or confessions made by the suspect during the interrogation may be deemed inadmissible in court. It’s important to note that if police fail to read the Miranda rights, the arrest itself is still valid. What the rights protect against is the use of any statements that the suspect makes without being Mirandized.

Unreasonable search

The rights against unreasonable search are protected by the Fourth Amendment to the U.S. Constitution, which safeguards individuals’ privacy and security against arbitrary governmental intrusions. This amendment restricts law enforcement’s ability to search a person, their property, or seize evidence without proper legal justification. As a result of this protection, law enforcement officers must have a valid reason (probable cause) to conduct a search or seize property. The reasonableness of a search depends on the balance between the individual’s right to privacy and the government’s interest in law enforcement and public safety.

In most cases, for a search or seizure to be considered reasonable, law enforcement must obtain a search warrant from a judge. To obtain a warrant, the officers must show that they have probable cause – which is a reasonable belief, supported by facts, that a crime has been committed and that evidence of the crime is likely to be found in the location to be searched. The information on the warrant needs to be specific and not overly broad. The warrant will give access to a limited space to look for specific types of evidence.

Refusing a sobriety test

In Texas, you can refuse certain types of sobriety tests, but there are important consequences associated with doing so. There are two key types of sobriety tests: field sobriety tests and chemical tests (breath, blood, or urine tests). Your rights and the implications of refusal differ depending on the type of test.

Field sobriety tests

Field sobriety tests (FSTs), such as the walk-and-turn test and the horizontal gaze nystagmus test, are voluntary in Texas. You are not legally required to take these tests, and you can refuse them without facing any automatic penalties. While refusing to take a field sobriety test will not result in immediate penalties like a license suspension, it may still be used as evidence against you in court. Prosecutors may, for example, use the test to suggest that you were trying to avoid proving your intoxication. An officer may still arrest you if they believe they have enough probable cause based on other factors, such as the smell of alcohol, slurred speech, or erratic driving.

Chemical tests (breath, blood, or urine)

Texas operates under an implied consent law, meaning that by driving on Texas roads, you automatically consent to a chemical test (such as a breathalyzer or blood test) if you are lawfully arrested for driving while intoxicated (DWI). This applies to tests of your blood alcohol concentration (BAC) after arrest, not before.

You can refuse to take a chemical test after arrest, but refusing has serious consequences under Texas law. Your driver’s license will be automatically suspended for 180 days under the Administrative License Revocation (ALR) process. For drivers with prior DWI convictions or refusals, the suspension can last up to two years. Your refusal to submit to a chemical test can be used as evidence against you in court, as prosecutors may argue that the refusal implies guilt.

In certain situations, law enforcement may be able to obtain a warrant for a blood test, even if you refuse. This usually occurs if you have previous DWI convictions or in cases where an accident caused injury or death. You cannot refuse the blood test without additional legal consequences if a warrant is obtained.

What to do if you are arrested

If you are arrested, contact an experienced Texas criminal defense attorney immediately. With more than 30 years of combined experience, the criminal defense attorneys at Mary Beth Harrell Criminal Defense and DWI Lawyers know how to handle the local criminal justice system. We step in at the beginning of the process and won’t stop fighting for you until the end. Our team gives our clients the edge they need when fighting criminal charges. Call us or fill out our contact form to schedule your initial consultation today.