Texas Supreme Court Rules Drunk Driving Subject Does Not Have to Say Where He Consumed Alcohol

We’ve all watched enough movies and television shows to know that we have the right to remain silent when a law enforcement officer is investigating alleged criminal activity. Questions can arise however when testimony is sought in a civil proceeding that might affect concurrent criminal charges brought against a defendant.

On May 19, 2021, a car accident occurred in Austin when a vehicle operated by Taylor Brock Peters allegedly rear-ended the Toyota 4Runner of Constantino Palma Jr. Peters was investigated by police, who suspected he was driving while intoxicated. As Peters was being treated for his injuries in the hospital, police administered a breathalyzer test, which showed that he had a blood-alcohol concentration of .196 percent, well over the state’s legal limit. Prosecutors charged Peters with intoxication assault with a motor vehicle. Subsequently, Peters was also sued for damages in a personal injury lawsuit by Palma and his brother, who was a passenger in the Toyota at the time of the collision.  

As part of their case, the Palmas requested that Peters provide the names and locations of the bars he visited before the incident. Knowing where he had gone might have given the Palmas the ability to seek damages from the bars based on the state’s Dram Shop Act. However, Peters invoked his Fifth Amendment right, arguing that revealing the information could give his criminal prosecutors with evidence of his drinking habits, the quantity of alcohol consumed and whether he drove between establishments—potentially incriminating himself.

The discovery dispute went all the way to the Texas Supreme Court, which held that Peters was able to withhold information regarding where he might have been drinking on the night of the crash. The court’s holding, rooted in the Fifth Amendment, underscores the constitutional right against self-incrimination, even in civil proceedings. Their decision notes that while Peters had already been charged based on the same underlying conduct, this right can be applied even in situations where no criminal case has been filed. 

Even when you’re aware of your right to remain silent during or after a DWI stop, it can be difficult to avoid self-incriminating statements when you’re being pressured by police. That’s why you should contact an experienced criminal defense attorney as soon as possible. Tylden Shaeffer, Attorney at Law, P.C. represents Texas clients accused of drunk driving and other offenses. To learn about your legal rights and options, please call (210) 227-1500 or contact me online. My office is in San Antonio.  

By Tylden Shaeffer | Published February 4, 2025 | Posted in Search and Seizure | Tagged criminal, law, testimony