What to Do If You're Stopped for a Suspected DWI in Texas
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Being pulled over on suspicion of driving while intoxicated is one of the most high-pressure situations you can face on the road. As a Texas DWI defense attorney, I've seen firsthand how the decisions made during a traffic stop — often in a matter of seconds — can shape the outcome of a case. Here are the most important tips to keep in mind.
Stay calm and pull over safely
As soon as you see emergency lights behind you, turn on your signal, slow down, and pull over to the right shoulder in a safe, well-lit area when possible. Erratic driving during the stop itself can be noted by the officer and used as evidence.
Be polite, but know your rights
You are required to provide your driver's license, proof of insurance, and vehicle registration when asked. Beyond that, you have the right to remain silent. You are not obligated to answer questions like "Have you been drinking tonight?" Politely decline: "I'd prefer not to answer questions without my attorney present." You don't have to be confrontational — just calm and firm.
You can refuse field sobriety tests
In Texas, field sobriety tests — the walk-and-turn, one-leg stand, and horizontal gaze nystagmus — are voluntary. You may legally decline them. These tests are highly subjective and can be used against you even if you are completely sober. Politely refusing is within your rights.
Understand the consequences of refusing a breathalyzer
This one is more complicated. Texas has an implied consent law, meaning that by driving on Texas roads, you've already agreed to provide a breath or blood sample if lawfully arrested for DWI. Refusing after an arrest triggers an automatic 180-day license suspension — and refusal can still be presented to a jury. This is a decision with real trade-offs, and it's worth understanding before you're ever in that situation.
Do not resist or argue
Even if you believe the stop is unjustified, this is not the time to argue. Comply with lawful commands, don't physically resist, and don't make statements out of frustration. Those moments can be captured on dashcam and bodycam footage.
Contact a DWI attorney as soon as possible
If you are arrested, ask for an attorney immediately and stop answering questions. Time matters — in Texas, you have only 15 days from the date of arrest to request a hearing to contest your license suspension. An experienced DWI attorney can review the stop, the testing procedures, and the evidence to build the strongest possible defense for your case.
Facing a DWI charge in Texas? Contact Gieseking Law for a confidential consultation. Early legal representation can make all the difference.
