What to Do During a DWI Traffic Stop in Texas
A DWI arrest is one of the most common arrests in Texas, and it can happen to anyone. Regardless of your background, knowing what to do when you are stopped by a police officer can make a significant difference. Here are some key actions to take to protect yourself and your rights.
The Initial Encounter
When a police officer activates their emergency lights, turn on your own hazard lights and pull over to the safest, closest location. While you are waiting for the officer to approach your vehicle, turn off the engine, turn on your interior lights, and place both hands on the steering wheel where they can be clearly seen. This shows the officer you are cooperating and not a threat.
- Have your driver’s license and proof of insurance ready, but do not reach for them until the officer asks you to. Inform the officer where the documents are located before retrieving them.
- Remember that everything is likely being recorded by a dashcam or body camera, and this video could be used in court. Remaining polite and respectful is crucial.
The DWI Investigation Begins
An officer will often start by asking about your destination or if you have been drinking. Be aware that at this point, they likely already suspect you of being intoxicated. They may have pulled you over for a minor traffic violation like speeding or an improper turn and are now looking for further evidence, such as:
- The smell of alcohol
- Glassy or bloodshot eyes
- Fumbling with your documents
If the officer asks you to step out of the vehicle, the DWI investigation has officially started. This is when you must make a critical decision to protect your interests.
Your Right to Remain Silent
Once the officer asks you to exit the vehicle, it’s highly likely you are going to be arrested. At this point, the best way to protect yourself is to remain silent. You are not required to provide any information that could be used against you.
- Do not argue with the officer or offer any explanations.
- You can politely inform the officer that you wish to remain silent and would prefer not to answer any questions without a lawyer present.
Refusing Field Sobriety and Breath Tests
When an officer asks you to perform a Standardized Field Sobriety Test (SFST) or a breath/blood test, it is important to remember that these are designed to gather evidence against you.
- The chances of “passing” these tests are low. Factors like nerves, health conditions, or even footwear can affect your performance, and the results are subjective.
- Politely refuse the tests by saying, “No, thank you, officer.”
- While a refusal may lead to the suspension of your driver’s license, it prevents the officer from gathering more evidence to build a case against you.
By refusing to provide evidence, you force the prosecution to rely on the officer’s observations alone, which can make it more challenging for them to secure a conviction. The defense of your DWI case begins the moment the officer pulls you over, and your actions from that point forward are critical.
The Importance of Legal Representation
If you are arrested for DWI, the next most important decision you can make is hiring an aggressive and experienced criminal defense attorney. Many attorneys lack the experience needed to defend DWI cases at trial. The right lawyer will fight for you and your rights, ensuring you don’t accept a plea deal without a thorough and aggressive defense.
Scott Edgett, founder of Edgett Law Firm, P.C., is an experienced trial attorney focused on criminal defense and personal injury. He understands that good people can find themselves in bad situations and is committed to helping them navigate the legal system.
To learn more, call our criminal defense law firm at 972-424-0760 or visit our contact page to send us an email.