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You MUST Know Your State's Rights About THIS!

Quick Answer

Most of what people know about their rights comes from television, and television teaches federal rules, not Texas rules. U.S. Supreme Court cases such as Miranda v. Arizona, 384 U.S. 436 (1966) set a floor for every state, not a ceiling. Texas law adds protections the federal cases never required: no general duty to identify yourself, no DWI checkpoints, recorded custodial statements, and an evidence rule that reaches private citizens.

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Texas Bar verified. Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266) are the co-founding partners of L and L Law Group, PLLC — based at 5899 Preston Rd, Suite 101 in Frisco, Texas (Collin County), with many 5-star Google reviews, and available 24/7 for criminal defense consultations.

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You Usually Do Not Have to Identify Yourself

Texas is not a general "stop and identify" state for people on foot. Under Texas Penal Code § 38.02, refusing to give your name, address, or date of birth is an offense only after an officer has lawfully arrested you and asked for it. If an officer walks up and starts asking questions, or briefly detains you on suspicion, refusing to state your name is not by itself a crime under that section.

The trap is a different part of the same statute. Section 38.02 also makes it an offense to give a false name, address, or date of birth to an officer who has lawfully arrested you, lawfully detained you, or has good cause to believe you witnessed a crime. Silence is protected in a detention; lying is not. Never give a fake name or a wrong birth date.

Driving is different. Texas law separately requires a driver to show a license on request during a traffic stop, so hand over your license, insurance, and registration without argument. A passenger who lies about identity is exposed under § 38.02 just like the driver.

On foot and not under arrest, you may say, "I am not going to answer questions. Am I free to leave?" Once you are under arrest, give your true name, address, and date of birth, and nothing else.

Refusing a Breath or Blood Test Is Not a Crime, but It Costs You

Under the Texas implied-consent law, Transportation Code § 724.011 through § 724.015, a person arrested for driving while intoxicated is deemed to have consented to a breath or blood specimen. Refusing is not a separate criminal offense, but the officer must warn you of two real consequences.

First, your refusal can be used against you at trial; the prosecutor can tell the jury you said no. Second, your license will be automatically suspended, for a statutory minimum of 180 days on a refusal. That suspension runs through a separate administrative process, and you have only 15 days to request a hearing to contest it. Miss the deadline and it takes effect without a fight.

Two things television leaves out. A refusal does not end the matter; officers can ask a judge for a warrant for a blood sample, and many North Texas agencies do. And the roadside eye test, walk-and-turn, and one-leg stand are not the "test" the statute covers. Those exercises are voluntary: "I am not going to do any field sobriety exercises." Whatever you decide about the breath or blood test, say it once, in a full sentence, and then be quiet.

Texas Does Not Allow DWI Checkpoints

In many states police set up sobriety checkpoints on holiday weekends and stop every car. Texas does not permit that. In Holt v. State, 887 S.W.2d 16 (Tex. Crim. App. 1994), the Texas Court of Criminal Appeals held that DWI sobriety checkpoints are not authorized in Texas.

Do not read too much into this. The holding is about DWI checkpoints. Under Whren v. United States, 517 U.S. 806 (1996), a stop based on a real traffic violation is valid even if the officer's real motive was something else. A "no refusal" weekend, advertised in Collin and Denton Counties, is not a checkpoint; it means a judge is on call to sign blood warrants, and it runs through ordinary traffic stops.

If you are stopped at anything that looks like a sobriety checkpoint, comply at the scene, say nothing beyond your identification and your decision about testing, and tell your lawyer exactly where and how it happened. Legality is argued in the courtroom, not at the roadside.

Your Statement Must Be Recorded to Be Used

Miranda does not require police to record what you say. Texas does. Under Texas Code of Criminal Procedure art. 38.22, an oral statement made during custodial interrogation is generally not admissible against you unless it was electronically recorded, the warnings were given on the recording before the statement, and you knowingly waived your rights. A written statement must show the warnings on its face. The Texas warnings also include one Miranda does not: you have the right to terminate the interview at any time.

Article 38.21 separately requires any statement to be voluntary. But art. 38.22 does not reach statements outside custodial interrogation, and that gap catches people. An ordinary traffic stop is not custody under Berkemer v. McCarty, 468 U.S. 420 (1984), so what you say through the car window is usually admissible with no recording and no warnings. Remarks volunteered in the patrol car or on a jail phone are not "interrogation" either.

Use these protections by speaking in complete, unambiguous sentences. Under Salinas v. Texas, 570 U.S. 178 (2013), staying quiet is not enough; you have to say you are invoking your rights. Under Davis v. United States, 512 U.S. 452 (1994), a request for a lawyer must be clear, not "maybe I should talk to someone." Once you clearly ask, Edwards v. Arizona, 451 U.S. 477 (1981) requires questioning to stop. Say: "I am invoking my right to remain silent. I want a lawyer. I will not answer questions without my lawyer present." Then stop, and do not re-open the conversation even to be polite.

Texas Excludes Illegally Obtained Evidence, Even From Private Citizens

The federal exclusionary rule applies only to government agents. Texas goes further. Under Texas Code of Criminal Procedure art. 38.23, no evidence obtained by an officer or other person in violation of the Constitution or laws of Texas or of the United States may be admitted against the accused. Two phrases carry the difference: "other person," and "laws," not only constitutions.

In plain terms, if a landlord, an ex, a security guard, or a neighbor breaks the law to get something and hands it to police, a Texas court can exclude it. Under Texas Penal Code § 16.06 it is an offense to install a tracking device on someone else's vehicle without consent, so evidence gathered that way is a candidate for exclusion. If the facts are disputed, the jury can be instructed to disregard evidence it believes was obtained illegally. A good-faith exception covers officers relying on a warrant, so this is not a blanket escape hatch, but it is broader than most people expect.

What to do: as soon as you can, write down how anything was found. Who had it, where it was, and who consented to what. Consent must be voluntary under Schneckloth v. Bustamonte, 412 U.S. 218 (1973). Protect that issue by saying out loud, "I do not consent to any search," and let your lawyer sort out the rest.

After an Arrest: The Magistrate and Bail

Under Texas Code of Criminal Procedure art. 15.17, a person who has been arrested must be taken before a magistrate without unnecessary delay, and not later than 48 hours after the arrest. The magistrate tells you the accusation, informs you of your rights to a lawyer, to remain silent, to have a lawyer present during any police interview, and to end that interview at any time, asks whether you want appointed counsel, and sets bail.

Bail is governed by art. 17.15. The amount must be high enough to give reasonable assurance you will appear, but may not be an instrument of oppression. The magistrate considers the nature of the offense and its circumstances, your ability to make bail, the future safety of any victim and the community, and your criminal history. Nothing in that list rewards explaining the case to the magistrate.

At magistration, answer only the questions about identity, address, employment, and finances that go to bail and appointed counsel. Ask for a lawyer. Do not discuss the facts. If a family member is arrested in Collin, Denton, or Dallas County, note the time of arrest, the agency, and the charge; the 48-hour clock runs from there.

The Exact Sentences to Say

Everything above reduces to a short script. Say each sentence calmly, in full, and once.

  1. "Am I being detained, or am I free to leave?"
  2. "I am not going to answer questions."
  3. "I do not consent to any search."
  4. "I am not going to do any field sobriety exercises."
  5. "I want a lawyer. I will not answer questions without my lawyer present."

And the things not to do, because each converts a right into evidence: do not give a false name, do not run or pull away when an officer takes hold of you (evading or resisting under Penal Code § 38.04 and § 38.03), do not argue about the stop, and do not keep talking after asking for a lawyer. Write down everything you remember as soon as you can, and give it only to your attorney.

Key Legal Terms

TDCJ (Texas Department of Criminal Justice)
State agency operating Texas prisons and parole supervision. Felony sentences (state jail through 1st-degree) are served in TDCJ. Parole eligibility is governed by Government Code § 508.145.
CCP (Code of Criminal Procedure)
Texas statutory code governing criminal procedure — arrest, bail, indictment, trial, sentencing, appeals, and post-conviction relief. Distinct from the Penal Code which defines substantive offenses.
Penal Code
Texas statutory code defining substantive criminal offenses — assault, theft, drugs, sex offenses, weapons, etc. Chapter 12 sets punishment ranges. Title 5 (Chapters 19-49) covers most offenses against persons, property, and public order.
TXND / TXED
United States District Courts for the Northern District of Texas (TXND — Dallas, Fort Worth, Plano, Sherman, Lubbock, Amarillo) and Eastern District of Texas (TXED — Sherman, Plano, Tyler, Marshall, Beaumont, Lufkin). Federal jurisdiction divisions.

Video resource: Texas Courts — Overview

Source: Texas Courts — Overview · Embedded from authoritative source.

Our Experience

In our practice defending Texas criminal cases, we have represented clients in Collin, Dallas, Denton, and Tarrant County criminal courts on the full Texas Penal Code and Health & Safety Code spectrum. Reggie's prosecutor background in Dallas County means we know the State's evidentiary playbook; Njeri's trial-trained motion practice anchors the suppression-driven defense work.

Frequently Asked Questions

Do I have to give my name to a Texas police officer who stops me on the street?
Not unless you have been lawfully arrested. Texas Penal Code § 38.02 makes it an offense to refuse your name, address, or date of birth only after a lawful arrest. It is always an offense to give a false name to an officer who has lawfully detained or arrested you. So you may stay silent, but if you speak, tell the truth.
Is refusing a breath test in Texas a crime?
No. Under Transportation Code § 724.011 through § 724.015, refusal is not a criminal offense, but it triggers an automatic license suspension handled in a separate administrative process, and the prosecutor may tell the jury that you refused. Officers can still seek a warrant for a blood draw, so a refusal does not necessarily prevent the state from obtaining a sample.
Can police set up DWI checkpoints in Frisco or anywhere in Texas?
No. In Holt v. State, 887 S.W.2d 16 (Tex. Crim. App. 1994), the Texas Court of Criminal Appeals held that DWI sobriety checkpoints are not authorized in Texas. Officers can still stop you for an actual traffic violation and investigate intoxication from there, and "no refusal" weekends operate through ordinary stops, not checkpoints.
If I was not read my rights, is my case dismissed?
Usually not. Missing warnings affect whether a custodial statement can be used, not whether the charge exists. Under art. 38.22, an unrecorded oral statement made during custodial interrogation is generally inadmissible, and under art. 38.23 illegally obtained evidence can be excluded. Those rules can weaken a case significantly, but they are arguments your lawyer makes in court, not automatic dismissals.
How long does a criminal case take in Texas?
Varies widely. Class C municipal cases typically resolve in 1-3 months. Misdemeanor cases in 6-12 months. Felony cases 9-18 months through trial; longer with appeals. We push for early resolution where favorable and trial delay where it benefits defense (witness availability, evidence suppression rulings, etc.).
What is the statute of limitations for criminal charges in Texas?
CCP Article 12.01 sets limits by offense. Most misdemeanors: 2 years. Most felonies: 3 years. Theft: 5 years. Sexual offenses against children: NO limitation. Murder, manslaughter, and certain sexual assaults: NO limitation. SOL analysis applies to every case touching older conduct.
What is the difference between a misdemeanor and a felony in Texas?
Misdemeanors carry up to 1 year in county jail under Penal Code Chapter 12 (Class A: up to 1 year/$4k; Class B: up to 180 days/$2k; Class C: $500 fine, no jail). Felonies carry 180 days to life in TDCJ (state jail to capital). The classification governs court (county court vs. district court) and sentencing range.
Can I get my criminal record cleared in Texas?
Sometimes. Expunction under CCP Chapter 55 destroys arrest records when the case ended favorably. Non-disclosure under Government Code § 411.0725 seals records after successful deferred adjudication on most non-violent offenses. See our /process/expunction-vs-non-disclosure/ page for the eligibility framework.
How do I find an attorney for my Texas criminal case?
Verify Texas Bar standing at texasbar.com. Look for charge-specific experience and county-specific courtroom presence. Free consultations are standard. L and L Law Group serves Collin, Dallas, Denton, Tarrant, Rockwall, Kaufman, Ellis, and Hunt counties with direct attorney handling on every case.

References & Authoritative Sources

  1. Texas Statutes Online
  2. Texas Courts
  3. Cornell LII — Criminal Law
  4. U.S. Department of Justice
  5. Texas State Law Library
Last reviewed: 2026-05-13 by Njeri London and Reggie London, co-founding partners, L and L Law Group, PLLC. This content is reviewed for accuracy at least every 12 months and when statutory or case-law changes occur.
Attorney Advertising Disclosure. This content is for general informational purposes only and is not legal advice. Reading this content or contacting L and L Law Group, PLLC through this website does not create an attorney-client relationship. Prior results do not guarantee a similar outcome. Past performance is not a guarantee of future results.

About the Authors

Njeri London, Co-Founding Partner, L and L Law Group
Njeri London
Co-Founding Partner
Texas Bar No. 24043266. Admitted: TXND, TXED, 5th Circuit. Thurgood Marshall School of Law. Focus: Fourth Amendment motion practice, drug-crime defense, federal cases. Verify on Texas Bar
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Reggie London, Co-Founding Partner, L and L Law Group
Reggie London
Co-Founding Partner
Texas Bar No. 24043514. Former Dallas County Assistant District Attorney. Extensive felony trial experience including DWI dockets. Verify on Texas Bar
Read full bio →

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Co-founding partners Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266) ensure attorney-level review at every stage. Free consultation. Frisco, Texas.

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