Can you call your lawyer on a traffic stop for suspected DWI – whether in Wisconsin, Texas – or any other state?
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Can You Call Your Lawyer During a Traffic Stop for a Suspected DWI?
One of the most common questions people ask after watching a high-profile traffic stop is whether they can simply call their attorney before answering questions or taking field sobriety tests.
The short answer: You can ask, but the officer generally does not have to wait.
Whether you’re stopped in Texas, Wisconsin, or virtually any other state, there is generally no constitutional right to have your attorney present during the roadside portion of a traffic stop. A routine traffic stop is considered a temporary investigative detention, not a custodial interrogation, so the right to have an attorney present has usually not attached yet. This principle comes from the U.S. Supreme Court’s decision in Berkemer v. McCarty.
That means an officer is typically not required to delay the investigation while you call your lawyer or wait for your attorney to arrive.
Can you still ask?
Absolutely.
You may politely tell the officer that you would like to speak with an attorney. However, in most cases, the officer can continue the investigation, ask questions, request field sobriety testing where permitted by law, and make decisions based on the evidence available at the scene. Simply asking for a lawyer does not stop the traffic stop or prevent an arrest.
What should you do?
Every case is different, but many criminal defense attorneys recommend that drivers:
- Stay calm and respectful.
- Provide your driver’s license, registration, and proof of insurance when required.
- Avoid arguing with the officer.
- Remember that anything you voluntarily say may later be used as evidence.
- If you are arrested, clearly state that you wish to remain silent and would like to speak with an attorney before answering further questions.
Does this rule apply in Texas and Wisconsin?
Yes. While every state has its own DWI, DUI, or OWI laws, the constitutional rules regarding when the right to counsel attaches come from federal law and generally apply nationwide. As a result, drivers in both Texas and Wisconsin usually do not have the right to consult with an attorney before the roadside investigation is completed.
After an Arrest
Once you have been arrested and are subjected to custodial questioning, your constitutional rights become much more significant. At that point, if you clearly invoke your right to remain silent and request an attorney, law enforcement generally must honor those rights before continuing custodial interrogation.
Disclaimer: This article is intended for general educational purposes and is not legal advice. If you have been arrested for DWI, DUI, or OWI, contact an experienced criminal defense attorney as soon as possible to discuss the facts of your specific case.
