Introduction: Staying Calm During a Texas DWI Arrest

A DWI arrest can be intimidating and stressful, but your actions during the arrest can have a lasting impact on your case. In Texas, driving while intoxicated (DWI) carries serious consequences, including potential fines, jail time, and a suspended driver’s license. However, by understanding how to conduct yourself and knowing your rights, you can better protect yourself and set the foundation for an effective defense.

This article provides essential guidance for handling yourself during a Texas DWI arrest, outlining steps to take and mistakes to avoid.

1. Stay Calm and Respectful

The first step in any DWI stop is to stay calm and collected. Officers are trained to observe your behavior, and any signs of nervousness, aggression, or resistance could potentially work against you. Remaining calm and respectful can help you manage the situation more effectively.

Avoid sudden movements, keep your hands visible on the steering wheel, and wait for the officer to approach your vehicle. Respond to their questions politely, maintaining a respectful tone, and remember that how you interact with the officer may later be relevant to your case.

2. Provide Basic Information Only

When an officer pulls you over, they will request basic information, including:

• Your driver’s license
• Proof of insurance
• Vehicle registration

It’s essential to comply and provide these documents promptly. However, avoid providing any information beyond what is legally required. You are not obligated to answer questions related to your recent activities, alcohol consumption, or whereabouts. Politely decline to answer questions that could be incriminating, such as “How much did you drink tonight?” by stating, “I prefer not to answer that question.”

3. Politely Decline Field Sobriety Tests

In Texas, if an officer suspects that you may be driving while intoxicated, they may ask you to perform field sobriety tests (FSTs). These tests, which often include the one-leg stand or the walk-and-turn test, are designed to assess balance and coordination. However, they are highly subjective and can be impacted by factors such as fatigue, anxiety, medical conditions, or even uneven pavement.

In Texas, field sobriety tests are voluntary. You have the right to decline them without facing any immediate legal consequences. While declining may raise the officer’s suspicion, refusing these tests can limit evidence against you, as they are often used by prosecutors to support DWI charges.

4. Be Mindful of the Implied Consent Law and Chemical Testing

Texas law requires drivers to submit to a chemical test—such as a breathalyzer or blood test—if they are lawfully arrested for DWI. This requirement is part of Texas’s implied consent law, meaning that by driving, you agree to these tests if arrested for DWI. Refusing a chemical test after an arrest can lead to automatic consequences, including a suspended driver’s license for at least 180 days and potential fines.

While refusal may limit evidence against you, consider the consequences carefully. A refusal could complicate your case and add license suspension penalties, though it may also limit certain evidence available to prosecutors. It’s a decision to make based on the specific circumstances, but remember that refusing a test can have lasting repercussions.

5. Avoid Making Admissions or Volunteering Information

During a DWI stop, it’s essential to avoid volunteering any information that could be used against you. Statements like, “I only had a couple of drinks” or “I’m just a bit tired,” can easily be misinterpreted and may provide the prosecution with additional grounds for their case.

Even seemingly harmless statements can become part of the officer’s report and may work against you later in court. Limit your responses to what is legally required, and politely decline to provide any unnecessary details. Anything you say can be used as evidence, so choose your words carefully.

6. Cooperate Without Resisting

If the officer decides to arrest you for DWI, follow their instructions and avoid any actions that could be interpreted as resisting. Resisting arrest, even passively, can lead to additional charges and make your defense more difficult. Cooperating doesn’t mean admitting guilt—it simply helps prevent further complications.

While it’s natural to feel frustrated or scared, maintaining composure during the arrest can work to your advantage later in your case. Avoid arguing with the officer, and follow their instructions respectfully, regardless of your thoughts about the situation.

7. Assert Your Right to an Attorney

After your arrest, it’s essential to remember that you have the right to legal representation. Politely but clearly assert your right to an attorney, and refrain from answering further questions until you have spoken with a lawyer. Requesting an attorney can protect you from making self-incriminating statements and shows that you are serious about protecting your rights.

An experienced DWI attorney can provide guidance on handling the situation, explain the charges against you, and help you navigate the complex legal processes that follow a DWI arrest.

8. Take Note of Important Details

As soon as you can, try to recall and note any details of the arrest that may be relevant to your case. This could include:

• The location, date, and time of the stop
• The behavior and statements of the arresting officer
• Any field sobriety tests or chemical tests administered
• Environmental conditions, such as lighting or road conditions

These details can be valuable to your attorney in identifying potential weaknesses in the prosecution’s case. For example, if the officer did not follow proper protocol or if road conditions affected your performance on sobriety tests, this information could support your defense.

9. Contact a Texas DWI Attorney Immediately

After a DWI arrest, consulting a DWI attorney as soon as possible is crucial. A DWI conviction in Texas carries serious penalties, including fines, license suspension, mandatory education programs, and even jail time. An attorney with experience in DWI defense can help you understand the charges, evaluate evidence, and develop a strategy to minimize the impact on your life.

Your attorney can assist in examining the legality of the traffic stop, questioning the reliability of any tests administered, and negotiating on your behalf. By consulting a lawyer early in the process, you’ll have the support and guidance needed to navigate the complex legal proceedings and increase your chances of a favorable outcome.

Schedule Your Free Consultation Today

A DWI charge can have serious consequences, but with the right legal representation, you can fight to protect your rights and future. Let us provide the expert defense you need to navigate the complexities of DWI charges and work towards a favorable resolution.

A Texas DWI conviction can have a lasting impact on many aspects of your life, but understanding these consequences and knowing how to mitigate them can make a significant difference. The Law Office of Alex Tyra, P.C. is dedicated to providing the support and legal expertise you need during this challenging time. Contact us at (903) 753-7499 to discuss your case and explore your options for defense. Our experienced team is here to help you navigate this difficult journey and protect your future.