What to do if pulled over for Drinking & Driving in Texas? (DUI & DWI)

What should you do if you have been drinking, and you are pulled over by the police in Texas?

Naturally, it is safest for everyone if one avoids drinking altogether before choosing to drive in Texas or anywhere else. This post is not intended to encourage anyone to do that, nor to try to circumvent the law. That being said, it is not unusual for one to have a drink or two at a restaurant, nightclub, or bar before driving home. You should generally be aware of your limits in drinking — and be aware of how much you can reasonably drink while still being legally and realistically sober enough to drive.

A Dallas Police Drinking & Driving Stop

Did you know that you could buy your own breathalyzer test to keep in your car? These are available at drug stores and stores like Walmart. If you are concerned about whether you are going to drink and drive home, you could consider buying your own breathalyzer and testing yourself before proceeding. (Note: Such a self-administered test might still be erroneous, and once you leave an establishment you may still be digesting and absorbing alcohol, so it is possible to pass a test and begin driving only to subsequently find yourself over the limit. So, avoid playing around with drinking all the way up to your limit, and make other plans rather than driving if you might be impaired.)

If you have had a drink in Texas, and then you are pulled over afterwards while driving, here are a few things to know:

• Be polite and generally cooperative. Police are doing their jobs, and you will not accomplish anything if you are rude or even aggressive and belligerant. Being rude and obnoxious is more likely to make them suspect you may have had too much, and they are also less likely to give the benefit of the doubt in return.
• If asked “Do you know why I pulled you over?” always answer “no, I do not, officer.” Never give any reason that could be used as an excuse for stopping you. For all you know, they may have only seen a broken tail light, or a low tire.
• If asked “Have you been drinking tonight?” you may answer truthfully, “Yes”, but also ask in return “Why would you like to know?”
• If you are then asked to participate in a field sobriety test or a breath test, you may legally decline. Be aware that you should remain polite at all times, as your conversation may be recorded by the officer’s body cam and/or dashcam. If you feel that you can 100% pass a field sobriety test, you could accept. Consider first that even completely sober people can have difficulty in reciting the alphabet backwards when nervous, or could stumble when trying to walk a straight line at nighttime at the side of the road, under the stern and critical gaze of a police officer! If you choose to decline to go along with the test, you could say, “I respect you are doing your job, officer, but I feel I should consult with an attorney before I do anything.”
• If you have refused a field sobriety test or breathalyzer test, be aware the officer can arrest you. He or she could arrest you based upon weaving back and forth while driving, driving erratically, slurred speech, the smell of alcohol, or something else. But, if you belief you might be over the limit, you may be better off declining the roadside sobriety tests and accepting the potential of being arrested. If the officer decides to arrest you, be entirely compliant and polite and follow their instructions.
• Once arrested, the officer will likely ask you at the police station to take a blood test or a breath test to determine your blood-alcohol concentration (“BAC”). If you refuse at this point, you may be subject to an Administrative License Revocation wherein your license may be suspended for a period of time. While highly inconvenient, this still could be preferable to being found guilty of driving while intoxicated. Refusing at this point may delay the inevitable — the police might obtain a warrant allowing them to conduct a blood test without your consent — but, this might give further time for alcohol to process out of your system some, reducing the findings of the BAC test.
• While you do not have the right to speak to an attorney between the time you are arrested until a BAC test is obtained, you can still invoke your right to remain silent, so you do not have to answer any questions about your arrest charge. I advise you not to make any statements whatsoever, other than you have chosen to remain silent, and that you would like to speak to an attorney. There is simply no up-side to making a statement at this point, as you are not going to talk your way out of anything.

Getting arrested for drinking and driving is an upsetting experience. It is worthwhile to be careful and avoid drinking too much, and make other transportation plans in order to avoid the inconveniences of going through this process.

If you have been arrested, I strongly recommend that you contact me or another qualified attorney to represent you in dealing with charges related to drinking and driving. I can be contacted at: (214) 774-0488

* While this article provides some general information and advice in dealing with being stopped and assessed for drinking, as well as issues around charges for DUI and DWI, this advice does not replace the need of having a qualified attorney represent you and advise you. Every situation can be unique, and what should be done will differ from case to case.