What should you do when pulled over for a DWI in Texas?
Be polite, stay quiet, and decline the field sobriety tests. A stop is not an arrest. An officer can only hold you as long as it takes to complete the purpose of the stop, and you are not obliged to answer questions. Texas law does not require you to take field sobriety tests, and they are designed to confirm the officer's suspicion rather than clear you.
- Being stopped is not the same as being under arrest, and you keep your rights throughout.
- An officer can only detain you for as long as the purpose of the stop takes.
- You are not obliged to answer questions. Be cordial, but avoid conversation.
- Texas law does not require you to take field sobriety tests. They exist to confirm suspicion of intoxication.
- If you are arrested, ask for an attorney immediately. An arrest is not a conviction.
Being convicted of a DWI in Texas can result in heavy fines, a license suspension and potential jail time. If you’ve been pulled over and the officer suspects that you’ve been driving while intoxicated, it’s important to understand what your rights are and what to do to not further incriminate yourself. In our latest blog, our Dallas DWI defense attorney shares a list of what to do when pulled over for a DWI.
Remember You Rights
Just because you’ve been stopped for a DWI does not mean you’re under arrest. You have rights, and you should remember to use them. An officer can only keep you for as long as it takes to complete the purpose of the stop, and you are not obligated to answer any of his or her questions. It’s important to be cordial with the officer, but avoid engaging
in any conversation.
Say No To Field Sobriety Tests
Texas law does not require you to take field sobriety tests. Officers typically use these types of tests to confirm their suspicions of your inebriation. You may be tempted to take the test in an effort to get yourself off the hook, but these tests are designed to show that you’re guilty of driving while intoxicated.
Call An Attorney
If you are arrested, you have the right to demand for an attorney immediately.
A DWI arrest is not a conviction, and Attorney Peter Barrett has practiced law since 1994 in guiding clients through the complexities of the legal system. Our DWI defense attorney can investigate the details of your case to offer personalized representation to help avoid the maximum penalties of your offense.
Get the defense you need from a Dallas DWI defense attorney who is named in the Top 100 Trial Lawyers by the National Trial Lawyers and maintains a 10.0 Superb Rating by Avvo. Call (214) 526-0555 today or fill out our online form to request your free initial consultation.
Common questions
Do I have to take a field sobriety test in Texas?
No. Texas law does not require you to take field sobriety tests. Officers typically use them to confirm a suspicion of intoxication, so agreeing rarely helps you.
Do I have to answer an officer's questions during a traffic stop?
You are not obliged to answer questions. Being cordial is sensible, but engaging in conversation is not required and rarely helps.
How long can an officer keep me at the roadside?
Only as long as it takes to complete the purpose of the stop.
The law this article describes, at the source. Every figure above can be checked against it.
This article is general legal information about Texas law, not legal advice about your case. Reading it does not create an attorney-client relationship. Laws change, so confirm the current rule with a licensed Texas criminal defense attorney about your specific facts. Request a free case review.