1. You Have the Right to Remain Silent

When you’re pulled over for DWI, whether it’s in The Woodlands near the Waterway, or on SH 105 near Lake Conroe, you are not required to answer police questions beyond providing your name, driver’s license, registration, and proof of insurance.

What You Can Say:

If the officer starts asking where you’ve been, whether you’ve been drinking, or how much you’ve had, you can politely say:

“I choose to remain silent and would like to speak with an attorney.”

Invoking your right to remain silent is not an admission of guilt. In fact, it’s a smart move to protect yourself from providing evidence the prosecution can use against you later. Our lawyers are fond of saying that, during a traffic stop, the less said, the better.

2. You Have the Right to Refuse Field Sobriety Tests

Officers often ask drivers to perform field sobriety tests (FSTs), such as:

• Walk-and-turn
• One-leg stand
• Horizontal gaze nystagmus (eye movement)

Here’s the truth:

• You are not legally required to perform these tests.
• They are designed to give officers probable cause for an arrest.
• Performance can be affected by nerves, medical conditions, fatigue, or balance issues.

Politely declining field sobriety tests is your legal right, and doing so may limit the evidence used to justify your arrest. You certainly should not perform them on uneven ground, or where there is loose soil or gravel. Under no circumstances should you allow an officer to perform them while on a boat (yes, that has happened).

3. You Have the Right to Refuse a Breath or Blood Test, But There Are Consequences

Texas is an implied consent state, which means drivers are presumed to consent to a chemical test (breath or blood) if lawfully arrested for DWI. However, you can legally refuse to take a breath or blood test.

Be aware:

• Refusing a test may trigger an automatic license suspension through the Administrative License Revocation (ALR) program.
• The officer may request a warrant to obtain a blood sample forcibly.
• Your refusal can be used as evidence against you in court.

Even so, refusing a Conroe Police Department officer or Montgomery County Sherrif’s deputy from administering the test may limit the strength of the prosecution’s case, especially if other evidence is weak.

4. You Have the Right to a Lawyer

Once you are arrested, you have the right to legal counsel. The police may attempt to question you after arrest, but you are not obligated to answer without a lawyer present.

Invoke your right by clearly stating:

“I am invoking my right to an attorney. I will not answer questions without my lawyer present.”

Once you say this, stop talking. Any statements you make, even if you think they’re harmless, can be used against you. While being detained, only YOU can protect your right to remain silent.

At Griffin, Cain & Herbig, we advise all clients to contact a DWI attorney as soon as possible after an arrest to protect their rights and build a strong defense from the start.

5. You Have the Right to Challenge Your License Suspension

If you refused or failed a chemical test, your license is at risk. But you are entitled to a hearing, if you act quickly.

Important:

• You have 15 days from the date of arrest to request an ALR hearing.
• If you don’t, your license will be automatically suspended.
• The ALR hearing is separate from the criminal case and allows your attorney to challenge the legality of the stop, arrest, and testing.

Our firm routinely represents clients at ALR hearings, often uncovering weaknesses in the state’s case that we can later use in your defense.

6. You Have the Right to Defend Yourself in Court

Being charged with DWI does not mean you’re guilty. You are presumed innocent until proven guilty, and the prosecution must establish every element of the offense beyond a reasonable doubt.

You have the right to:

• Review the evidence against you
• Challenge the results of breath or blood tests
• Question the legality of the traffic stop or arrest
• Cross-examine police officers and expert witnesses
• Present evidence and witnesses on your behalf
• Request a jury trial or bench trial

At Griffin, Cain & Herbig, we leverage these rights to your advantage, building strong defenses, filing legal motions, and negotiating with prosecutors to reduce or dismiss charges where possible.