What legal steps can I take regarding an arrest in Texas where deputies took my phone and I was arrested for DWI and possession?

Question

While parked in my truck near a river in Texas at night, I was approached by two deputies who claimed my cell phone was needed for their safety, though I wasn't under arrest or detained then. Upon my refusal, they arrested me, citing marijuana possession, which I had voluntarily turned over. Despite my multiple requests to contact my mother due to PTSD, they denied, leading to hyperventilation and distress. They incorrectly performed a field sobriety test, denied me a breathalyzer, and arrested me for DWI based on that test. In their unmarked vehicle, I was buckled in, and they tried tying my legs, heightening my fear - especially as there was minimal equipment inside, only a CB radio. As they ignored my panic and withheld medical assistance, I grew fearful they weren't legitimate officers. My truck was towed, and despite an alleged call to paramedics, none arrived. Panicked, I used their CB radio to seek help, fearing for my life. I am facing an arraignment on Friday without funds for a lawyer, compounded by a recent lupus diagnosis and being unable to work since July. What can I do to address this situation legally and ensure my rights are protected?

James L. Arrasmith · Answer

Your situation sounds incredibly distressing, and with your arraignment approaching Friday, you need to act quickly. Contact your local public defender's office immediately - every county in Texas has one, and they provide free legal representation for those who cannot afford an attorney. You can also reach out to legal aid organizations like Texas Rio Grande Legal Aid or Lone Star Legal Aid, which offer free services to low-income individuals. 
 
Document everything about your encounter with the deputies in extensive detail - write down times, locations, officer names or badge numbers if you recall them, and every interaction that occurred. Note specifically how they took your phone before arrest, denied your requests for contact due to your PTSD, refused a breathalyzer, and any other actions that seemed improper. This documentation will be crucial for your defense and any potential complaints. 
 
You have significant rights that may have been violated, including Fourth Amendment protections against unreasonable searches and seizures and the right to reasonable accommodations for medical conditions. When you meet with your attorney, ask about filing a formal complaint with the sheriff's department regarding the deputies' conduct and possible civil rights violations. Given your health issues, also inquire about potential diversionary programs that Texas offers for first-time offenders or those with medical conditions that might provide alternatives to traditional prosecution.

Q: What legal steps can I take regarding an arrest in Texas where deputies took my phone and I was arrested for DWI and possession?