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What are my Miranda Rights?
When an officer has arrested a person and starts to ask them questions about a crime, the officer must first advise the person of their Constitutional rights. Most often, the advisement is this:
- You have the right to remain silent.
- Anything you say can and will be used against you in a court of law.
- You have the right to be advised by an attorney before answering any questions.
- If you desire an attorney and cannot afford one, one will be appointed for you free of charge.
Will I be able to get my case dismissed because I was not read my rights?
Probably not. But if you were interrogated after being placed in custody, your statements can not be used against you.
What are my rights?
See Know your rights in a Texas DWI Arrest
Will I go to jail?
On a first offense, probably not. On second or later offenses, it becomes more probable, but an experienced attorney may be able to keep you out.
I had two alcohol offenses when I was younger. What will happen to my license if I have a third conviction?
Your license will be automatically revoked for two years.
I have three serious offenses within seven years, what will become of my license?
It will be automatically revoked for five years.
How many hours of alcohol classes will I have to take?
Plan on at least 24-48 hours, one two hour session per week. The higher your BAC, the more hours you will have to take.
What will happen if I do not complete the classes or public service ordered by the Court?
You will go to jail.
I lost my Texas Driver’s license. May I obtain a license in another state.
In most cases, no.
If I obtain an international driver's license, may I drive in Texas, even though my Texas license is revoked?
No.
Am I a bad person, because I was arrested for DUI?
No, but you are well advised never, never smell like alcohol while behind the wheel.
What if I burped within twenty minutes of blowing?
The breath machine may have read alcohol from your stomach rather than you lungs. The result may be incorrect. A similar problem occurs with dentures.
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