What to do During a DWI stop in Texas

LegalMatch Law Library Managing Editor, , Attorney at Law

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Being pulled over on suspicion of driving while intoxicated in Texas can be a stressful experience.  Unfortunately, many people hurt their own cases by their actions during the traffic stop.  There are a few things you can do at this point that can help you later on.

First, you want to be as polite and helpful with the police officer as possible.  However, you do not want to divulge any information that will incriminate yourself.  You are required to provide information about your identity, but Texas’ law does not require you to tell the officer what you have been doing the previous few hours.  You can politely tell the officer that you will not answer any questions until you have had the opportunity to consult with an attorney.

Next, you are not required to submit to any field sobriety tests in Texas.  Some common tests are reciting the alphabet backwards and following a pen with your eyes.  These tests will generally only serve to get you arrested, not to get you off the hook.  Also, do not take a roadside Breathalyzer, as this is not required by Texas law either.

Finally, if you are arrested demand to speak to an attorney before submitting to any chemical testing.  A lawyer can advise you what type of chemical test to agree to (usually breath, blood, or urine).  Also, Texas’ law allows for you to have a private chemical test done within 2 hours of your arrest, which your lawyer can arrange.  This can help your case down the road.

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Last Modified: 07-23-2010 04:41 PM PDT

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