You Have the Right to Remain Silent

 Posted on January 09, 2026 in Criminal Defense

As of 2026, the right to remain silent remains a core protection under both federal law and Texas criminal procedure. This right applies whether you are stopped on the street, questioned at home, or taken into custody and criminally charged. While many people recognize the phrase, fewer understand how important it is to use it correctly.

This right comes from a landmark United States Supreme Court case, Miranda v. Arizona. In that case, the Court ruled that police must inform people of their right to remain silent and their right to an attorney before custodial questioning. If those warnings are not given, statements made during questioning may not be used in court.

If you are being questioned or investigated, knowing when and how to use this right matters. Our Midland, TX criminal defense lawyers can help you protect yourself before a situation escalates.

What Does the Right To Remain Silent Mean in Texas?

The right to remain silent means you do not have to answer questions when the responses could be used against you. It specifically refers to police questioning while you are in custody. This includes questions about what happened, where you were, or whether you were involved in a crime.

In Texas, this protection is reinforced by Texas Code of Criminal Procedure Article 38.22, which sets rules for when statements made to police can be used in court. Under Article 38.22, police must provide proper warnings and obtain voluntary statements. If officers do not follow these rules, those statements may be challenged and excluded from evidence.

You won’t be in trouble for refusing to speak either. It cannot legally be treated as an admission of guilt.

How Does This Come Up During a DUI Arrest in Texas?

A DUI arrest is one of the most common situations where the right to remain silent matters. For example, after a traffic stop, an officer may ask questions like how much you had to drink, where you were coming from, or whether you feel impaired. Many people try to explain or minimize the situation, believing honesty will help. Those statements are often recorded and later used as evidence.

Even before an arrest, answers given during roadside questioning can be used against you. Choosing to remain silent after providing required identification can limit the statements available to the prosecution.

Do You Ever Have To Answer Police Questions?

In some situations, you may be required to provide basic identifying information, such as your name during a lawful stop. Beyond that, you are generally not required to answer investigative questions.

Problems often arise during casual conversations or roadside questioning. Even short answers can be written into police reports and used later in court.

What Happens If You Waive Your Right To Remain Silent?

If you begin answering questions, the police may continue questioning you. Even statements you believe are harmless can later be used in ways you did not expect.

Once a statement is made, it cannot be taken back. This is especially true if the interaction is recorded or summarized in an official report. Understanding the long-term impact of a short conversation is why many lawyers advise silence until legal counsel is present.

What Should You Say Instead of Answering Questions?

You do not need to argue or explain your situation. Simple and respectful statements are usually best, such as:

• Saying you choose to remain silent

• Asking to speak with a lawyer

• Politely declining to answer questions

These responses protect your rights without escalating the situation.

Can You Still Be Arrested in Texas if You Remain Silent?

Police may still arrest you if they believe they have enough evidence. Remaining silent does not prevent an arrest. However, choosing silence can prevent additional statements from being used against you later.

When Should You Contact a Criminal Defense Lawyer?

You should contact a lawyer as soon as possible if you are questioned, detained, or arrested. Early legal guidance helps ensure your rights are respected from the beginning.

A lawyer can communicate on your behalf and review whether questioning followed the law. Waiting too long can make mistakes harder to fix.

Schedule a Free Consultation With Our Austin, TX Criminal Defense Attorneys

Police questioning can be intimidating, especially when the stakes are high. At Morales Law Office, Attorneys at Law, PLLC., we bring more than 50 years of combined legal experience and are equipped to assist you with whatever criminal charges you may be facing. If you are questioned or have been arrested, call 512-474-2222 to schedule your free consultation with our Midland, TX criminal defense lawyers today. Hablamos Español.