Houston Criminal Law Journal DUI, DWI Lawyer & Attorney : Madrid, Martinez & Associates

A DWI in Houston, Harris County, Texas is a traumatic experience for anyone.  Typically, it happens late at night, the accused is not prepared to get arrested, and even if you are innocent your drivers license may still be suspended.  As I have mentioned before, the consequences of a DWI are severe.  I can not think of a state worse than Arizona when in comes to how it treats those arrested for DWI.  Could you imagine living in the state of Arizona where a person goes to jail for their first DWI conviction?   The law does not care who you are in the state of Arizona.  Charles Barkley, NBA Hall of Famer, will vouch for that since he is set to serve at least 5 days in jail for his first DWI conviction.

If you need assistance with your DWI case in Houston, Harris County, Texas please contact our law firm at (713) 225-1038 or visit our website at www.dwiattorneysinhouston.com.

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The simple answer is probably not. Most people believe that a case may be thrown out of court if the police officer does not provide them with their "Miranda warnings" when they are arrested. I am confident that this belief comes from the abundance of television programs that show the Miranda warnings given whenever someone is being arrested.

A Miranda warning is necessary if the police officer interrogates someone and wants to use  their responses as evidence. If the police officer fails to give you a Miranda warning, nothing you say in response to the questioning can be used as evidence to convict you.  Additionally, under the "fruit of the poisonous tree" rule, if the police officer finds evidence as a result of an interrogation that violates the Miranda rule, that evidence is also inadmissible at trial.  For example, if you tell the police officer where a weapon is hidden and it turns out that you gave this information in response to improper questioning, the police officer will not be able to use the weapon as evidence unless the officer can prove that they would have found the weapon without your statements.

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