Getting pulled over for a suspected DUI (Driving Under the Influence) or DWI (Driving While Intoxicated) in Texas can be a stressful and intimidating experience. Knowing what to expect during a traffic stop, understanding your legal rights, and being aware of potential consequences can help you handle the situation more effectively. This article will walk you through the DUI/DWI stop process, explain Texas laws, and provide guidance on what to do if you are arrested.
Recent Denton Record Chronicle Article: Denton Colleges’ spring break doesn’t mean police hit pause on DWI enforcement
Understanding Texas DUI and DWI Laws
Texas law distinguishes between DUI and DWI based on age and level of impairment. A DWI applies to drivers over the age of 21 who are found to have a blood alcohol content (BAC) of 0.08% or higher or who are impaired by drugs or alcohol. A DUI, on the other hand, is typically reserved for drivers under the age of 21 who have any detectable alcohol in their system, regardless of their BAC level. For commercial drivers, the legal BAC limit is 0.04%. Texas has a zero-tolerance policy for minors operating a vehicle under the influence of alcohol. The penalties for a DUI or DWI conviction can be severe, including fines, license suspension, and even jail time.
Why You Might Be Pulled Over
Law enforcement officers in Texas have the authority to pull over any driver they suspect of impaired driving. Some of the most common reasons an officer might initiate a stop include swerving between lanes, driving too fast or too slow for road conditions, running a red light or stop sign, failing to use headlights at night, making wide or illegal turns, or braking suddenly without reason. If an officer observes any of these behaviors, they may have reasonable suspicion to conduct a DUI/DWI stop.
What to Expect During the Traffic Stop
When an officer pulls you over, it is essential to remain calm and cooperative. The first thing you should do is safely pull over to the right side of the road, turn off your engine, and keep your hands visible on the steering wheel. Avoid making sudden movements, as this can raise suspicion or concern for the officer’s safety. Once the officer approaches your vehicle, they will typically ask for your driver’s license, vehicle registration, and proof of insurance. It is important to provide these documents promptly. However, you are not required to answer questions such as “Have you been drinking tonight?” Politely stating that you prefer not to answer any questions without your attorney present is within your legal rights.
Field Sobriety Tests and Breathalyzers
If the officer suspects you are under the influence, they may ask you to step out of your vehicle and perform field sobriety tests. These tests typically include the walk-and-turn test, where you must walk in a straight line and turn around; the one-leg stand test, where you balance on one foot for a certain period; and the horizontal gaze nystagmus test, where the officer observes your eye movements as you follow an object. You are legally allowed to refuse field sobriety tests in Texas. However, if the officer believes there is enough evidence of impairment, they may still arrest you.
If asked to take a breathalyzer or blood test, you have the right to refuse, but this comes with consequences under Texas’ implied consent law. Refusing a breath or blood test can result in an automatic license suspension of up to 180 days for a first offense and up to two years for repeat offenses.
What Happens If You Are Arrested?
If the officer determines there is enough probable cause, they will place you under arrest. At this point, you should remain silent and request an attorney immediately. You will be transported to the police station, where you will be booked and possibly held in custody until you can post bail. During this process, you will have the opportunity to contact a lawyer, receive information about your charges, and be given a court date for your hearing. It is crucial not to discuss your case with the police or anyone else until you have legal representation. Anything you say can be used against you in court.
Potential Consequences of a DUI/DWI Conviction
A DUI or DWI conviction in Texas carries serious penalties, and the severity depends on whether it is your first offense or if you have prior convictions. For a first-time DWI offense, you may face a fine of up to $2,000, jail time of up to 180 days, a license suspension of up to one year, and annual fees of up to $2,000 for three years to retain your driver’s license. A second offense can result in higher fines, up to one year in jail, and a longer license suspension. A third offense is considered a felony in Texas and can lead to severe prison time, hefty fines, and permanent license revocation.
In addition to these penalties, having a DUI or DWI on your record can affect employment opportunities, insurance rates, and even your ability to rent a car or find housing. The long-term consequences of a conviction can make daily life more challenging, which is why it is essential to handle the situation carefully and seek legal representation.
How a Criminal Defense Attorney Can Help
If you are arrested for a DUI or DWI, hiring an experienced criminal defense attorney can make a significant difference in the outcome of your case. A skilled attorney may be able to challenge the legality of the traffic stop, question the accuracy of field sobriety and breathalyzer tests, negotiate reduced charges or alternative sentencing options, and in some cases, work to get your case dismissed. Consulting with an attorney as soon as possible is the best way to build a strong defense strategy.
How to Avoid a DUI/DWI in Texas
The best way to avoid a DUI or DWI charge is never to drive under the influence. If you plan to drink, consider using a ride-share service such as Uber or Lyft, arranging for a designated driver, staying at a friend’s house, booking a hotel, or utilizing public transportation when available. Planning and making responsible choices can prevent the risk of getting arrested and facing the serious consequences of a DUI or DWI.
Final Thoughts
Being pulled over for a DUI or DWI in Texas is a serious situation, but understanding the process can help you make informed decisions. If you are stopped, remember to remain calm, provide the necessary documents, and exercise your legal rights. If arrested, contacting a DUI or DWI defense attorney as soon as possible is the best course of action. Taking proactive steps to avoid impaired driving is always the safest and most responsible choice. Whether it means calling a ride-share, assigning a designated driver, or staying off the road after drinking, these small decisions can save lives and keep you from facing legal trouble.
If you or a loved one has been charged with a DUI or DWI in Texas, it’s crucial to act fast to protect your rights and your future. At GSB Law, PLLC, Attorney Gregory Scott Boling provides dedicated legal defense for clients in Denton, Collin, and Tarrant Counties. Don’t navigate this challenging time alone—call us today at (940) 220-7080 or contact us through our website to schedule a consultation. The sooner you get legal representation, the better your chances of achieving a favorable outcome.