Flashing lights in your rearview mirror is always alarming, even if you did nothing wrong. But when suspicion of drunk driving is involved, it is particularly critical to do everything right when dealing with the police.
Knowing your rights and acting strategically during a Texas DUI/DWI stop can help you to protect yourself and your future. To start, the following are three common mistakes to avoid during an alcohol-related traffic stop.
Incriminating yourself through words or actions
You have the right to remain silent during police interactions, including traffic stops. In other words, you do not have to answer questions beyond providing your name, license, registration and proof of insurance. Do not discuss your alcohol consumption or try to downplay the situation. If unsure about answering anything that you’re asked, politely inform the officers that you cannot answer questions without legal representation.
Consenting to a vehicle search without a warrant
The police generally need a warrant to search your car. Unless they have probable cause (like smelling alcohol or seeing open containers), politely decline a search request. Be firm in your denial but respectful. If they proceed with a search regardless, remember their actions and comments. What they do or say during the stop could benefit your defense if they violated your rights.
Overreacting, especially aggressively
It is easy to feel like the police are mistreating during a DUI/DWI stop, and you do not want to let anyone trample on your rights. But remember, police officers deal with potentially dangerous situations all the time. Getting loud, argumentative or aggressive is only going to escalate the situation. Further, your own behavior could harm your defense if you decide to fight DUI charges.
In the event of a traffic stop, work to ensure your actions are above reproach, and speak with a representative to learn more about defending your rights if you are charged with wrongdoing.