What are My Rights if I’m Stopped For Suspicion of DWI?

  • Nov 23 2018

Despite what many people think, the police must follow strict rules after pulling over a DWI suspect. Therefore, it’s imperative that you know your rights if you are pulled over for suspicion of DWI. Below is some information on your rights during a DWI stop.

Your rights during the stop

If a police officer observes you driving erratically or breaking a traffic law, he or she may pull you over. If you drive away after an officer attempts to pull you over, you can be charged with evading arrest in a motor vehicle, which is a felony. Therefore, you must stop if an officer initiates a traffic stop. However, some traffic stops can be legally challenged after the fact. If an officer can’t demonstrate that he or she had probable cause to believe you committed some sort of violation, then the resulting charges can be dismissed. In DWI cases, officers frequently cite the following as reasons for initiating a traffic stop:

  • Failing to maintain a single lane
  • Speeding
  • Failing to stop at a stop sign

Although it is possible to challenge a traffic stop after the fact, don’t do so during the stop itself. Rather, hire an experienced criminal defense attorney to fight your charges. Arguing with a police officer or being combative in any way is never a good idea, and it can even lead to additional charges.

Your rights during contact with the police

After you’ve been pulled over, the officer will typically ask for your license and registration.  In addition, officers often ask suspects a number of seemingly innocuous questions, including:

  • Where are you heading?
  • Where are you coming from?
  • Have you had anything to drink tonight?


In addition, the officer will observe you for signs of intoxication, such as slurred words and the smell of alcohol on your breath. Therefore, it’s important to remember that after providing an officer with your license and registration, you have the right to remain silent. Remember, anything you say may be used against you, so it’s usually advisable to politely inform the officer that you’d like to contact an experienced Texas criminal defense attorney before answering any questions.


Texas DWI and DUI Legal Representation


Due to the severity of the consequences, legal representation is imperative when facing DWI or DUI charges. Therefore, if you’ve been charged with DWI or DUI in Texas, it’s important that you engage the services of an experienced Texas criminal defense firm in order to achieve the best possible results in your case. Phil Baker, P.C., has a proven track record of successfully defending clients against DWI or DUI charges throughout the state of Texas. Whether it’s challenging the accuracy of a DWI or DUI test or uncovering potential civil rights violations, our experienced criminal defense attorneys will work to protect your driving record and achieve the best possible outcome. Please contact us for a consultation.

Posted in: DWI/DUI Defense

Fighting for the Rights of Texans

Since 1995, I have served the people of Texas with integrity, honor, and commitment. I understand that most of you are not familiar with the legal system and under a lot of stress. I am there to lift that burden and protect your rights. I have battled insurance companies and prosecutors for decades and will continue to fight for justice for many more years to come. Please call me at 979.968.3783 and I will be happy to meet with you and evaluate your case.