What Should I Do If I’m Stopped for a DWI in Texas?

Picture this: You’re driving back from happy hour, confident those margaritas haven’t kicked in yet. You’re almost home when suddenly you see red and blue lights flashing in your rearview mirror. A few drinks with friends has now turned into a life-changing situation. There’s nowhere to go: What do you do if you’re stopped on suspicion of driving while intoxicated?

Driving while intoxicated is one of the most common crimes committed by Texans. In fact, the state consistently ranks among the highest in the country for alcohol-related crashes and fatalities, with nearly 340 DWI arrests made per 100,000 licensed drivers. However, this doesn’t mean that the charge isn’t serious. Luckily, when you’ve been stopped on suspicion of driving while intoxicated, there are some things you can do to mitigate your situation and avoid extra trouble.

What should I do when I get pulled over?

When you get pulled over, stay calm. Remain cooperative and polite with the officers. They will almost certainly ask you for your license, registration and proof of insurance. If you already have these items ready, politely hand them to the officers. If they are out of reach, ask the officers if you can retrieve them, moving smoothly and slowly. Do not refuse to supply officers with this information if they request it. However, you do not have to answer any additional questions beyond your basic information. If they ask you if you’ve been drinking or where you’re coming back from, you are not required to answer. 

How should you respond to “Do you know why I pulled you over today?”

Chances are, the officers will ask if you know why they pulled you over. This is an opportunity for you to self-incriminate, so your answer to this question should always be “I’m not sure, officer,” or “No, ma’am/sir I don’t know.” In a DWI case, the State must be able to show that the officer had justifiable suspicion for initiating the stop in the first place, meaning they must have witnessed you doing something that justifies pulling you over. If you answer the question with, “Yes, sir. I made an illegal lane change,” you have just given the officer a reason for the stop, even if they did not see you make the illegal lane change.

What happens when I’m stopped for suspected DWI?

Based on your demeanor and things the officer observes, such as a visible container of alcohol or slurred speech, the officer may ask you to participate in field sobriety tests (FSTs). Before you do anything that may work against your case such as having an attitude with the officer, remember that you are probably being recorded by a body camera on the officer’s person. If the officer decides to arrest you on suspicion of DWI, you will be taken to the police station. The officer will ask you to take either a blood test or breath test to establish your blood-alcohol concentration (BAC). An officer cannot force you to take a test. If you decide not to submit to testing the officer cannot force you to oblige, however they can seek a search warrant for a blood draw.

What happens if I refuse blood or breath testing?

Under the implied consent laws of Texas, if you refuse to submit to such testing, you are subject to a license suspension under the Administrative License Revocation (ALR) program. You will also face a suspension for submitting to the test and failing it. In either case, your lawyer can help you fight a pending license suspension. However, BAC testing is mandatory if you are in an accident involving serious injury or death, or have a prior conviction for intoxication assault, intoxication manslaughter, two prior DWI convictions, or one prior DWI conviction with a child in the car. In any of these circumstances, you can be forced to take a test even if you refuse. 

Generally, the implied consent law doesn’t require drivers to submit to a chemical test prior to a lawful arrest. However, to establish probable cause to make an arrest, an officer might ask you to take a voluntary “portable breath test” (PBT) test. A PBT is typically administered with a handheld breath test device (often called a “breathalyzer”) at the roadside.

Consequences of Refusing Post-Arrest Testing in Texas

The penalties for refusing to voluntarily submit a specimen of your breath or blood are:

• 180 days of license suspension for a first offense, and two years of license suspension if you have at least one alcohol or drug-related “enforcement contact” within the last ten years.
• DWI convictions, BAC test refusals, and failed BAC tests all counts are prior enforcement contacts.

Should You Refuse to Give a Breath or Blood Specimen?

The wisdom of refusing to submit to a breath or blood test depends on the circumstances. If you are stopped in a County that is going to seek a blood warrant upon refusal, sometimes consenting to a breathalyzer is the prudent move. And refusal may not help you avoid a conviction—you can be found guilty even without test results. In fact, the prosecution can argue to a jury that your refusal shows consciousness of guilt—that you refused to test because you knew you were intoxicated.

Get Help With Your DWI Case

If you’ve been arrested for DWI in Texas, get help from our experienced DWI attorneys. A DWI conviction—especially one involving physical injuries or repeat offenses—carries serious consequences. So your best bet is to find an attorney who knows the law and your local court system. Attorney David White has over 20 years of successfully fighting DWI charges in Texas. Contact The Law Office of David D. White today for a free consultation about your DWI case.