Driving in Texas can bring a sense of freedom and independence, but that sense can quickly vanish if you find yourself pulled over by law enforcement for a suspected DWI (Driving While Intoxicated).
The flashing red and blue lights in your rearview mirror can intimidate you, and it’s natural to feel a mix of fear, confusion, and anxiety. This can lead to a DWI charge, even if you didn’t drive while intoxicated.
An experienced DWI defense lawyer from the Law Office of Shane Phelps can explain what to expect during a DWI stop in Texas, your rights, and how we can provide the support you need in these stressful situations.
Understanding DWI Stops in Texas
In Texas, law enforcement officers are vigilant about keeping the roads safe. If an officer suspects that a driver is under the influence of alcohol or drugs, they have the authority to pull the driver over for a DWI investigation.
This suspicion can arise from various factors, such as erratic driving, failure to obey traffic signals, or even a routine checkpoint.
The legal blood alcohol concentration (BAC) limit in Texas is 0.08% for drivers over the age of 21. For commercial drivers, the limit is 0.04%, and for drivers under the age of 21, any detectable amount of alcohol can lead to a DWI charge due to Texas’s zero-tolerance policy.
Your Rights During a Texas DWI Stop
Knowing your rights during a DWI stop can protect you legally and ensure that authorities treat you fairly. Below are the key rights you should know during a DWI stop in Texas:
Right to Remain Silent
One of your most important rights is the right to remain silent. After pulling you over, the officer may ask you questions like “Have you been drinking tonight?”
While responding may feel natural, you are not obligated to answer these questions. Politely informing the officer that you choose to exercise your right to remain silent can prevent you from providing any information that might be used against you later.
Why is this important?
Anything you say during the stop can be used as evidence in court. By remaining silent, you avoid making potentially incriminating statements. Remember to be respectful and cooperative in your interactions, but you do not have to answer questions that could harm your defense.
Right to Refuse Field Sobriety Tests
During a DWI stop, an officer may ask you to perform field sobriety tests, such as walking in a straight line, standing on one leg, or following a moving object with your eyes.
Factors other than alcohol consumption can influence your performance on these subjective tests.
In Texas, you have the right to refuse these field sobriety tests. Refusing the tests does not come with immediate penalties, but it may raise suspicion. However, weigh the risk of performing poorly on these tests against the consequences of refusal. Authorities can use the test as evidence against you,
Why is this important?
Field sobriety tests are not always accurate indicators of intoxication. Fatigue, medical conditions, or nervousness can lead to poor performance, even if you are sober. Refusing these tests may limit the evidence the officer can gather against you.
Right to Refuse a Breathalyzer Test (with Consequences)
In Texas, you also have the right to refuse a roadside Breathalyzer test. This test measures your BAC by analyzing the alcohol content in your breath. Refusing the Breathalyzer test, however, carries significant consequences due to Texas’s implied consent laws.
Implied Consent Laws
When you obtain a driver’s license in Texas, you implicitly agree to submit to chemical tests, such as a Breathalyzer or blood test, if lawfully arrested for a DWI. Refusing the Breathalyzer at the scene may automatically suspend your driver’s license for 180 days, even if you are later found not guilty of DWI.
Why is this important?
While refusing a Breathalyzer test can limit the immediate evidence against you, it can lead to automatic penalties, including license suspension. If you refuse, the officer will likely seek a warrant to obtain a blood sample, which you cannot refuse. Understanding the consequences helps you make an informed decision at the moment.
Right to Refuse a Vehicle Search (with Exceptions)
During a DWI stop, the officer may request your consent to search your vehicle. You have the right to refuse this request. Without your consent, the officer generally cannot search your vehicle unless they have probable cause or obtain a warrant.
Exceptions to This Right
There are some exceptions to this right. If the officer sees illegal items in plain view or has probable cause to believe you committed a crime, they may search your vehicle without your consent. Additionally, if police arrest you, they may search your vehicle as part of the arrest process.
Why is this important?
Refusing a search can prevent unnecessary intrusion into your privacy. However, in some circumstances the officer can search your vehicle without your permission.
Right to Legal Representation
If police arrest you during a DWI stop, you have the right to legal representation. The police should inform you of this right when they read your Miranda rights. Invoking your right to an attorney protects you from self-incrimination and ensures that you receive a fair legal process.
Why is this important?
An experienced criminal defense attorney can make a significant difference in the outcome of your case. An attorney can guide you through the legal process, challenge any evidence obtained unlawfully, and advocate on your behalf in court.
What to Expect During a DWI Stop
Understanding the general flow of a DWI stop can help you stay calm and exercise your rights effectively.
Here’s a typical sequence of events:
- Initial Stop: The officer pulls you over and approaches your vehicle. They will likely ask for your driver’s license, registration, and proof of insurance. They may ask you questions to assess whether you consumed alcohol.
- Field Sobriety Tests: The officer may ask you to leave your vehicle and perform field sobriety tests. Remember, you have the right to refuse these tests.
- Breathalyzer Test: The officer may request that you take a Breathalyzer test. You have the right to refuse, but this refusal comes with consequences, such as license suspension.
- Decision to Arrest: Based on their observations and any evidence gathered, the officer will decide whether to arrest you. If police arrest you, they will take you to a police station or jail for further processing.
- Chemical Test: If arrested, you may be required to submit to a chemical test (breath, blood, or urine) to measure your BAC. Refusing this test after arrest can result in additional penalties.
- Booking and Bail: If arrested, you will go through the booking process, which involves fingerprinting, photographing, and processing. You may post bail, which allows authorities to release you while you await trial.
The Consequences of a DWI Conviction in Texas
A DWI conviction in Texas carries serious consequences that can damage your life for years to come.
These consequences can include:
- Fines: Depending on the severity of the offense, fines can range from $2,000 to $10,000 or more.
- License Suspension: A DWI conviction can result in the suspension of your driver’s license for 90 days to two years.
- Jail Time: A first-time DWI offense can lead to up to 180 days of jail time. Subsequent offenses carry harsher penalties, including longer jail sentences.
- Probation: You may be placed on probation, which includes strict conditions such as attending alcohol education classes, performing community service, and complying with regular check-ins.
- Ignition Interlock Device: You may be required to install an ignition interlock device in your vehicle, which prevents the car from starting if alcohol is detected on your breath.
- Criminal Record: A DWI conviction will remain on your criminal record, affecting future employment opportunities, housing, and more.
How The Law Office of Shane Phelps Can Help
Facing a DWI charge in Texas is a daunting experience, but you don’t have to go through it alone. The Law Office of Shane Phelps has extensive experience defending clients against DWI charges and can provide the support and guidance you need during this challenging time.
Personalized Defense Strategy
Every DWI case is unique, and the best defense strategy depends on the specific circumstances of your arrest. Shane Phelps and his team will thoroughly investigate the details of your case, including the legality of the traffic stop, the administration of field sobriety tests, and the accuracy of Breathalyzer results. We will craft a defense strategy tailored to your situation to achieve the best possible outcome.
Challenging Evidence
The prosecution relies on evidence such as field sobriety tests, Breathalyzer results, and officer observations to build their case against you. However, this evidence is not always as solid as it seems.
We will scrutinize every piece of evidence for errors, inaccuracies, or violations of your rights. If evidence was obtained unlawfully, we will work to exclude it from the case.
Negotiating Plea Deals
Sometimes, negotiating a plea deal may be in your best interest. A plea deal can result in reduced charges or lighter penalties. The experienced DWI defense attorneys at Shane Phelps Law have the negotiation skills needed to secure favorable plea deals when appropriate, helping you avoid the full impact of a DWI conviction.
Trial Representation
If your case goes to trial, you need a skilled and experienced attorney to represent you in court. Shane Phelps has a strong track record of successfully defending clients in DWI trials. We will present a compelling case on your behalf, challenging the prosecution’s evidence and advocating for your rights every step of the way.
Protect Your Future with the Right Legal Representation
A DWI charge can have life-altering consequences, but knowing your rights and having the right legal representation can make all the difference. If you or a loved one faces a DWI charge in Texas, don’t hesitate to contact The Law Office of Shane Phelps.
Our compassionate and experienced Bryan criminal defense attorney is here to help you navigate this challenging time, protect your rights, and work toward the best possible outcome for your case. We offer a free consultation to discuss your case and explore your options.
Don’t let a DWI charge define your future—let us help you take control and move forward with confidence. Call us now at (979) 775-4100 or contact us online for your consultation.
Shane Phelps
Lead Attorney
As founder of Shane Phelps Law, Bryan/College Station criminal defense attorney Shane Phelps has a reputation as a leading trial lawyer in the Central Texas area. With decades of experience as both a prosecutor and a criminal defense attorney, Shane has tried more than 300 jury trials, everything from DWI to Capital Murder.
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