What Should You Do If You're Pulled Over After Having a Few Drinks?

Few situations are more stressful than seeing flashing lights in your rearview mirror after you've had a few drinks. People often panic, say too much, make sudden movements, or unintentionally make their situation worse.

If you are pulled over in Texas after consuming alcohol, the most important thing you can do is remain calm, respectful, and aware of your rights.

Pull Over Safely

When you see emergency lights behind you, signal and pull over as soon as it is safe to do so. Avoid sudden lane changes, abrupt braking, or stopping in an unsafe location. A safe and controlled stop helps reduce tension and shows that you are cooperating with the officer's instructions.

Keep Your Hands Visible

Once you stop, keep your hands visible on the steering wheel. If it is dark, consider turning on the interior light. Avoid reaching for your wallet, registration, or insurance until instructed to do so.

Be Polite and Respectful

A traffic stop is not the time to argue, become confrontational, or attempt to debate the law. Being respectful does not mean giving up your rights. It simply means conducting yourself professionally and calmly throughout the encounter.

Provide Required Documents

Texas drivers are generally required to provide a driver's license, proof of insurance, and vehicle registration when requested. Have these documents available and provide them when asked.

Think Carefully Before Answering Questions

Officers often ask questions such as: Have you been drinking tonight? Where are you coming from? How much have you had to drink? Many people feel pressure to explain themselves or minimize what they consumed. Statements made during a traffic stop may later become evidence in a criminal case.

You have constitutional rights, and it is generally wise to be thoughtful and careful about what information you provide.

Refusing Field Sobriety Tests

In Texas DWI investigations, an officer may ask you to perform roadside field sobriety tests, such as the walk-and-turn, one-leg stand, or eye test. These tests are designed to help the officer gather evidence. Many people perform poorly because of nerves, fatigue, medical conditions, injuries, uneven pavement, poor lighting, uncomfortable shoes, or confusing instructions.

You have the right to politely refuse field sobriety tests. A calm way to say it is: Officer, I respectfully decline to perform any field sobriety tests. Do not argue. Do not be rude. Do not physically resist. Simply remain calm and repeat that you respectfully decline.

Refusing field sobriety tests does not necessarily mean you will avoid arrest, but it may limit the amount of roadside evidence collected against you. Every situation is different, and if you are arrested, you should speak with a DWI defense lawyer as soon as possible.

Follow Lawful Instructions

If an officer gives a lawful instruction, comply with it. Do not resist, attempt to leave, or become confrontational. Even if you believe the stop is unfair, the roadside is rarely the place to litigate those issues.

Pay Attention to What Happens

If possible, mentally note why you were stopped, what the officer said, whether field sobriety tests were requested, whether you politely refused them, whether breath or blood testing was requested, whether body cameras or dash cameras were present, and whether passengers witnessed the interaction. These details may become important later.

Do Not Discuss the Case on Social Media

After a traffic stop or arrest, many people text friends, post online, or discuss the incident publicly. Those statements can sometimes be misunderstood, taken out of context, or used against you. It is usually best to keep details of the incident private and discuss the matter with an attorney.

If You Are Arrested

If an arrest occurs, remain calm, do not resist, avoid making statements about the facts of the case, and contact a lawyer as soon as possible. An arrest is not a conviction. Many DWI cases involve important questions regarding the stop, investigation, testing procedures, witness testimony, and evidence gathered by law enforcement.

Frequently Asked Questions

Can I refuse field sobriety tests in Texas?

Yes. In Texas, you can politely refuse roadside field sobriety tests. These are different from breath or blood testing issues, which may involve separate legal consequences and implied-consent rules. If you are unsure what happened during your stop, speak with a DWI defense lawyer quickly.

Every Case Is Different

No two DWI investigations are exactly alike. The circumstances of the stop, the officer's observations, video evidence, testing procedures, and witness statements can all affect how a case is evaluated.

If you have been arrested for DWI in Houston, Harris County, Montgomery County, Tomball, Cypress, Spring, The Woodlands, Conroe, or surrounding Texas communities, speaking with a criminal defense lawyer early can help you understand your rights, obligations, and available options.

Contact Erik The Defender

If you have questions about a DWI arrest or criminal charge in Texas, contact Erik The Defender to discuss your situation and learn more about the legal process. Serving Houston, Harris County, Montgomery County, Tomball, Cypress, Spring, The Woodlands, Conroe, Magnolia, and surrounding Texas communities.