Being stopped by law enforcement on suspicion of driving while intoxicated (DWI) can be intimidating, confusing, and stressful, especially if you have never been through the process before. What you say and do during a DUI or DWI traffic stop can have a significant impact on your case. Understanding your rights under Texas law is essential to protecting yourself and avoiding mistakes that could be used against you later.
At Batrice Law Firm, one of Austin’s highest-ranking criminal defense and personal injury law firms, our attorneys regularly represent individuals facing DWI and DUI charges. Below is a step-by-step explanation of your rights during a DWI traffic stop, what law enforcement can legally require, and what you should, and should not—do if the stop escalates into an arrest.
Why DWI Traffic Stops Matter in Texas
In Texas, a DWI arrest does not require a conviction to have serious consequences. A single stop can trigger license suspension proceedings, criminal charges, increased insurance rates, and long-term impacts on employment and professional licensing. Many DWI cases hinge on whether law enforcement followed proper procedures during the stop and arrest.
Knowing your rights allows you to remain calm, compliant, and legally protected.
Your Rights During the Initial Traffic Stop
When an officer initiates a traffic stop, they must have reasonable suspicion that a traffic violation or criminal activity occurred. This may include speeding, failing to signal, or observations such as swerving or delayed reactions.
What You Should Do
- Pull over safely and promptly.
- Keep your hands visible and remain polite.
- Provide your driver’s license, registration, and proof of insurance when requested.
What You Should Not Do
- Do not argue or attempt to justify your actions roadside.
- Do not volunteer additional information beyond what is required.
- Do not admit to drinking, even casually.
You have the right to remain silent, and anything you say will be used against you later.
Answering Questions About Alcohol or Drug Use
Officers often ask questions such as:
- “Have you had anything to drink tonight?”
- “Where are you coming from?”
- “How much alcohol have you consumed?”
You are not legally required to answer these questions.
A polite response such as, “I choose to remain silent,” is both lawful and appropriate. Silence cannot be used as evidence of guilt in Texas.
Field Sobriety Tests: Are They Required?
Standardized Field Sobriety Tests (SFSTs), such as the walk-and-turn or one-leg stand, are voluntary in Texas.
Important to Know:
- These tests are subjective and often used to build probable cause.
- Physical conditions, anxiety, uneven pavement, or weather can affect performance.
- You may politely refuse without legal penalty.
Refusing field sobriety tests does not automatically mean you will be arrested, though officers may proceed based on other observations.
Breath and Blood Tests: Understanding Implied Consent
Texas operates under an implied consent law, meaning that by driving on Texas roads, you agree to submit to chemical testing if lawfully arrested for DWI.
However:
- You may refuse a breath test.
- Officers may seek a warrant for a blood draw, which can still occur despite refusal.
These decisions may seem difficult during the process, but you are protecting yourself and your rights.
If You Are Arrested for DWI
If you are placed under arrest, you still have important rights. What is most important at this stage is calling an experienced criminal defense or DWI attorney,
What You Should Do:
- Remain calm and compliant.
- Clearly state that you wish to speak with an attorney.
- Do not answer questions without legal counsel present.
What You Should Not Do:
- Do not attempt to explain or negotiate your way out of the arrest.
- Do not discuss your case with officers, jail staff, or other detainees.
- Do not assume the case is hopeless, many arrests are legally flawed.
At this stage, preserving your rights is critical.
After Release: What Happens Next?
A DWI arrest in Texas triggers two separate legal processes:
- The criminal case
- The Administrative License Revocation (ALR) process
Strict deadlines apply. Missing them can result in automatic license suspension, even if criminal charges are later reduced or dismissed.
This is where experienced and reliable legal representation makes a difference.
How a Texas DWI Lawyer Can Help
An experienced Austin DWI defense attorney can:
- Review dashcam and bodycam footage
- Challenge the legality of the traffic stop
- Examine breath or blood testing procedures
- Identify constitutional violations
- Protect your driving privileges
At Batrice Law Firm, our criminal defense attorneys approach every DWI case with meticulous attention to detail and a commitment to protecting our clients’ futures.
Speak With a DWI Defense Attorney in Austin
If you or a loved one has been stopped or arrested for DWI in Austin or Central Texas, do not face the process alone. Early legal guidance can make a meaningful difference in the outcome of your case. Please call 512-600-1000 for quick and reliable legal representation after a DWI or DUI arrest.
