Being stopped by the police after a night out can be one of the most distressing experiences. You might have had one or a few drinks, but not enough to make you drunk. However, for some reason, the police can single you out and subject you to field sobriety tests to check whether you are drunk driving.
Every citizen needs to know what to do if the police pull them over, whether they have been drinking or not. Knowing what to do can help avoid jail and other legal consequences like losing your license.
Your Rights When the Police Pull You Over in Texas
Before learning what actions to take when the police stop you, you must understand your rights during a Texas traffic stop. Texas law grants you the following rights:
The Right To Remain Silent
The Fifth Amendment allows you to remain silent. You should tell the police your name and where you live, but you do not have to respond if they ask questions that might cause you trouble.
You Have the Right To Refuse Unreasonable Searches And Seizures
The Fourth Amendment protects you from unreasonable searches and seizures. However, if the police have a solid reason to search your car, they might do it anyway. You can still disagree with the search and ask them to wait until they obtain a warrant. Even if they decide to search your car, it is essential to calmly let them know that you object so they record it in the police report.
The Law Allows You To Record the Police During a Traffic Stop
You need to be cautious with this one for several reasons. Recording can be helpful in court and encourage police to follow the rules instead of taking shortcuts. However, be aware that if the video shows something negative, it could work against you. Be careful if you reach for your phone. The police might think you are reaching for a weapon.
You Have The Right To Have a Lawyer Present
Having an attorney present might be your most crucial right when the police pull you over. Before you answer any questions beyond just giving your name and other essential information, you can ask for a lawyer to be there. Having a lawyer around when speaking to the police can help ensure your rights are safe and you do not accidentally incriminate yourself.
What to do If the Police Stop You
Below are more suggestions for what to do if the police pull you over for a DWI:
Pull Over Right Away
When a police officer instructs you to stop, use your turn signal first. Then, move to the right side of the road and turn on the hazard lights. If it is dark, switch on your interior lights. Look for a safe place to pull over, like a quiet side street instead of a busy highway.
You should show that you’re being careful and following the officer’s instructions. Stop in a well-lit area where you and the officer can be safe. Once you stop, turn off your car and roll down your window. Stay calm and keep your hands on the steering wheel. Wait for the officer to ask for your documents. The goal is to remain still and help the officer feel at ease.
When the officer requests your driver’s license, registration, and proof of insurance, having these documents ready is helpful. If you do not have them ready, you can ask the officer if it is okay for you to retrieve them. Just make sure to move slowly and avoid startling movements.
When a police officer is talking to you, keep your cool and do not show that you’re upset or defensive. The officer will be watching your behavior, speech, and appearance. If you look nervous or confused, they may think something is wrong. It’s normal to feel anxious, but it’s crucial to stay calm.
If a police officer asks where you came from or where you are going, you can tell them the truth but keep it short. You do not have to share extra details that might cause problems for you later.
Most of the time, the officer’s body camera records everything that happens. If you are rude or mean to the police officer, it will look good if you have to go to court. If there is a video of you being friendly and respectful to the officer, it will help the people on the jury understand your side of the story better.
Ask Why They Pulled You Over
When a police officer comes to your car, they must tell you why they stopped you. Feel free to ask them if they do not explain it immediately. Keep asking until they give you a clear answer. If a police officer asks, “Do you know why I stopped you?” you should politely say no. Do not try to guess what they might know.
The officer might ask this to see if you say anything that incriminates you, even if they didn’t know about it before. It is better not to give them a reason to arrest you.
In Texas, police need a valid reason to pull over your car during DWI stops. If they ask why they pulled you over, do not say, “I was going too fast” or “I did not use my blinker.” If you say those things, it could give the officer a reason to arrest you or give you a ticket, even if they did not see you go too fast or not use your blinker.
Do Not Say Too Much
Police know how to gather details that could justify making an arrest. It is best to avoid saying too much during a traffic stop, especially if you have been drinking.
If a police officer asks where you were and how many drinks you had, you should exercise your right to remain silent. Do not explain yourself or make excuses. Just say, “I choose to remain silent.” Say it confidently, and keep repeating it for each question the officer asks you up to a certain point.
You should know that it is possible to have a drink and still be under the legal limit for blood alcohol concentration (BAC) when driving.
If you fail to respond, the officer might request that you exit the vehicle for additional tests. It is crucial to understand that your rights remain unaffected now, and you should continue being polite and calm.
Be Aware of the Questions You Should Answer at the Stop
You can stay quiet, but there are specific questions you need to answer and documents to provide. These questions could be:
- Your full name
- Your home address
- Your driver’s license
- Your birth date.
If you fail to provide the right answers or refuse to share this information, you might face arrest and a misdemeanor charge.
Your Attitude Matters
When a police officer stops your car, being friendly and cooperative is a good idea. A good or calm attitude is important because the officer could arrest you if you act aggressively. Remember that police officers are just doing their jobs, which can be risky, especially when approaching someone they do not know. But just because you should be respectful does not mean you have to give up your rights.
Do Not Exit Your Vehicle Unless The Officer Asks You To
Only exit your vehicle if instructed by the authorities. Exiting without the police asking you to and moving around is your body’s way of communicating with the officer. They will observe how you move, walk, and maintain your balance.
It is best to avoid being near the officer if you think they can smell alcohol on your breath. Another reason for staying quiet and not talking much is that they will be on the lookout for any scent of alcohol.
Taking the Breathalyzer Test
If a police officer thinks you might be drunk, they will probably ask you to take a breathalyzer test. Many believe it is better to refuse the breathalyzer and do a blood test instead. Doing this could be a big mistake. There are several reasons why you should submit to a breath test before a blood test:
- Your blood alcohol level can increase over time. If you wait too long, you might end up being more intoxicated than you were when you first got pulled over. If you refuse the breath test and go for a blood test that takes longer, your BAC could be higher than it would have been if you had just taken the breathalyzer.
- Breathalyzers can occasionally provide wrong results. They require regular checks and maintenance to function properly, but not every police officer does this. If you decide to take the breath test, the fact that it might not have been adequately maintained could help you later if you need to defend yourself.
- Jurors tend to think that blood tests are more reliable. It does not matter if blood tests are better than breath tests; what is essential is what the jurors believe if your case goes to court. Generally, jurors trust blood tests more, and unless there were problems with how the officer conducted the test, it can be challenging to argue against that belief.
Consequences of Refusing a Blood or Breath Test After an Arrest
If a DWI stop results in an arrest, the officer will ask you to bring yourself to the police station. They will perform a blood or breath test to measure your blood-alcohol level.
According to Texas law, you must adhere to this request as the implied consent law mandates. If you decline, the court could suspend your driver’s license. This suspension will occur under the Administrative License Revocation (ALR) program. And even if you take the test and fail, the court will stil suspend your license.
If you refuse the test, the officer may seek a warrant, which would permit them to draw blood for BAC tests forcibly. However, obtaining a warrant is time-consuming and may play a significant role in disputing the validity of the test results.
Regardless of the situation, your attorney can assist you in contesting a potential suspension.
Do not Underestimate a DWI Charge
Do not underestimate a DWI charge, even though many people have gone through it. Each situation is unique, and your drunk driving case could have severe effects on you according to Texas laws about drunk driving, depending on what happened.
Even if it is your first DWI offense in Texas, considered a Class B misdemeanor, there are harsh penalties. These can include:
- A fine that can go up to $2,000
- Losing your driver’s license for ninety days to 1 year
- A possible jail time ranging from three days to a hundred and eighty days
- If there was a child in the car, the jail time could be as long as six months
If the court charges you with a second DWI after the court convicts you of one in the last five years, this new charge will be a Class A misdemeanor. A second DWI means you could lose your driver’s license for up to two years, face a fine that could reach $4,000, and spend at least 30 days in jail, possibly up to a year.
If you receive a third DWI conviction in Texas, it becomes a third-degree felony. The consequences are severe, including a minimum of two years in jail and a maximum of ten years, losing your driver’s license for up to two years, and a fine that could be as high as $10,000.
Frequently Asked Questions
Below are commonly asked questions on DWI stops in Texas.
What is a Texas DWI?
A DWI in Texas means driving while intoxicated. According to Texas law, specifically Penal Code 49.04, it happens when someone drives a vehicle:
- In a public area
- With a blood alcohol concentration (BAC) over the legal limit
- When they are not able to use their normal mental or physical abilities
The legal blood alcohol concentration limit for driving in Texas is .08%. There is no defined legal threshold for driving while impaired by drugs. It is important to remember that you should not drive under the influence of any substances. The limit of .08% BAC simplifies the process of arresting drivers for the police. This boundary provides a clear directive for DWI arrests in Texas.
What Does a Police Officer Need to Pull You Over for a DWI?
Police officers in Texas need to have probable cause or reasonable suspicion to pull someone over.
An officer can stop you if they think you have broken a Texas driving law. They might pull you over for different reasons, like if you are speeding, not using your turn signal, or running red lights. When a law enforcement officer has sufficient evidence to believe that a motorist has done something wrong, they have a probable cause.
If an officer notices you driving carelessly or ignoring traffic laws, they have a good reason to pull you over. They can also stop you if they think you might be driving while intoxicated.
Here, the officer needs to back it up with facts. For example, suppose an officer receives an anonymous tip about you or has other information suggesting you might have committed a crime. In that case, that is enough to pull you over and possibly arrest you.
When Can’t the Police Pull You Over?
Officers can only stop you with a good reason or solid evidence. They cannot pull you over if there is no cause for them to think you have committed an offense. You must have violated a traffic law, speeding or failing to use your turn signal. They also cannot pull you over just because of their gender, race, or an idea of what a criminal might look like.
If an officer stops you without a valid reason and arrests you, you can challenge those charges. However, these cases often come down to your word against the police officer’s. If your attorney can demonstrate that the police officer did not have a good reason to stop you, the court might withdraw the charges.
Find a DWI Attorney Near Me
Knowing what to do if the police pull you over is essential. While it might not stop you from going to jail for drinking and driving, it can help your DWI lawyer protect your rights if the authorities arrest you. A skilled lawyer in Texas specializing in DWI cases can lead you through the legal proceedings and ensure your rights are upheld.
They can question the legality of the traffic stop and your test results. Your attorney will also examine various defenses and bargain with the prosecuting team. The negotiation could lower the penalties or punishments you may be subject to.
At the Fort Worth DWI Defense Lawyer, our experienced lawyers can protect your rights and will strive to achieve the optimal result. Do not attempt to address a DWI charge alone. Contact us at 817-470-2128 and allow us to assist you through this challenging period.
