Getting pulled over is a nerve-racking experience, regardless of the circumstances that led up to the traffic stop. If you’ve been drinking and driving, those police lights flashing in your rearview mirror are a terrifying sight. Texas law is strict about both driving under the influence (DUI) and driving while intoxicated (DWI) incidents.
The easiest way to avoid being stopped for DWI is to not get behind the wheel after you’ve been drinking. However, if you do get pulled over for DWI, there are some best practices to keep in mind.
Stay Calm and Cooperative
Anything you say or do can be used as evidence against you, and an officer starts collecting this potential evidence as soon as he or she decides to pull you over. You should stop your car only when it is safe to do so, preferably in a well-lit area out of the flow of traffic.
Keep your hands on the steering wheel until you are instructed otherwise. When asked, provide your name, driver’s license, and proof of insurance or financial responsibility.
Be polite to the police officer and remember that there’s a good chance you’re being recorded by a dash-mounted and/or body camera. Any footage captured can be used to either help or hurt your case, should that be necessary.
Don’t Say Too Much
Texas law requires you to tell an officer your name or basic identifying information during a DWI traffic stop. However, you are not required to answer any questions about where you’ve been or if you’ve been drinking. Responding to inquiries like this may lead to self-incrimination. Instead, you can politely decline to answer.
If you’d like the advice of legal counsel before speaking to the police, The Fox Firm’s DWI lawyer can provide guidance and advocacy during this stressful process.
Know Your Rights
The police officer must have reasonable suspicion to initiate a traffic stop. This can be anything from a broken taillight to swerving or driving too slowly.
Police must obtain consent to search your vehicle and you do not have to provide it. There are exceptions to this, most notably in situations where probable cause exists. If you are unsure whether the police search of your vehicle was legal, please reach out to us so that we may answer any questions you have.
You can also refuse to perform field sobriety tests and breath analysis. Field sobriety tests are subjective and unreliable but are widely used as evidence of driver intoxication. If you consent to field sobriety tests, you are effectively consenting to give the officer more evidence to use against you. It’s important to note, however, that while you do have the option to say no, your refusal is not a free pass to go home.
The officer may interpret your refusal to participate as a sign of guilt. Regardless of whether you were intoxicated or not, refusing these tests may lead to suspension of your driver’s license. If this occurs, you will want trusted legal counsel to represent you at your Administrative License Revocation Hearing. If you are charged and convicted, and face the penalties of a DWI, it may be possible to get your DWI charge sealed.
Contact us today to find out how we can build a strong defensive strategy for your DWI case.