What Not to Do During a DWI Traffic Stop

Texas roads can lead anywhere, but sometimes they lead to flashing lights in your rearview mirror. If an officer suspects you of Driving While Intoxicated (DWI), that stop becomes a critical moment.

Texas DWI laws are notoriously strict, with serious consequences like hefty fines, license suspension, potential jail time, and a lasting criminal record. The legal complexities, from implied consent for chemical tests to how officers gather evidence, make these stops very important.

Understanding your rights in a DWI traffic stop in Texas is vital, but knowing the common mistakes to avoid during the encounter is equally crucial for protecting yourself.

Consider these steps if you’re pulled over in Texas for suspected DWI.

1. Do Not Panic and Do Not Be Rude

It is natural to be stressed, but losing your cool or getting argumentative will not help solve your case. As such, pull over safely, turn off the car, turn on the interior light at night, and keep your hands visible. Politeness goes a long way. Be respectful even if you feel wronged. An officer notes your attitude, which can give them more reason to be suspicious. A calm demeanor is always preferable.

2. Do Not Make Admissions About Drinking

The officer will likely ask, “Have you had anything to drink tonight?” You have the right to remain silent on questions that could incriminate you. Instead of saying “just two beers,” a polite “I respectfully decline to answer that question” is often a better choice. Admitting any alcohol consumption, even a small amount, provides evidence against you. Stick to providing your license, registration, and insurance when asked. Less said is often better.

3. Do Not Lie, But Do Not Overshare

While you should not admit to drinking, lying about easily checked facts like where you just came from can destroy your credibility if discovered. Avoid volunteering extra details about your evening or personal life. Keep answers to necessary questions brief and direct. Polite refusal or silence on incriminating questions is generally safer than fabricating a story.

4. Do Not Argue

The side of the road is not the place for a legal debate about the stop’s validity or the officer’s suspicions. You will not win that argument there, which will likely escalate the situation. If you believe the stop was improper, that is a matter for your attorney to address later in court. Comply with lawful orders like exiting the vehicle, but you do not have to agree with the officer’s opinions.

5. Think Carefully Before Taking Field Sobriety Tests (FSTs)

Officers often request Field Sobriety Tests like the walk-and-turn or one-leg stand. In Texas, these tests are generally voluntary. You can politely refuse them. Why? They are subjective, hard to perform perfectly even sober, especially under stress, and are primarily used to build a case against you. Refusing FSTs limits this type of evidence.

Note: This differs from refusing a breath or blood test after arrest, which has automatic license suspension consequences under Texas’s implied consent law.

6. Do Not Consent to a Vehicle Search Without Cause

Unless the officer has probable cause, like seeing contraband or a warrant, they need your consent to search your car. You have the right to refuse. Simply state, “Officer, I do not consent to a search.” Do not feel pressured into agreeing.

Conclusion

Handling a Texas DWI stop effectively means staying calm, being polite but firm, and knowing your rights. Avoid panicking, admitting alcohol use, lying, arguing, and automatically agreeing to voluntary tests or searches. These “don’ts” are about minimizing potential evidence against you during a stressful interaction. A DWI charge is serious, and avoiding these common mistakes can significantly impact the outcome. If arrested, your most critical next step is contacting an experienced DWI lawyer immediately.