Getting pulled over by police is stressful for anyone. When alcohol might be involved, that stress multiplies quickly. What you do and say during these first moments can significantly impact your case if you end up facing DWI charges in Texas.

Many people unknowingly harm their own defense during a traffic stop. By understanding the common mistakes people make, you can better protect your rights if you find yourself in this situation. Here’s what you need to know about navigating a DWI stop in Texas.

Mistake #1: Waiving Your Right to Remain Silent

When an officer approaches your window and starts asking questions, it’s natural to want to be helpful and answer them. However, this can often work against you.

What typically happens: The officer might ask seemingly casual questions like:

• “Where are you coming from tonight?”
• “Have you been drinking?”
• “How many drinks have you had?”

Why it’s a mistake: Any answer you give can be used as evidence against you. Even saying you had “just one beer” gives the officer:

1. Confirmation you’ve been drinking
2. Reason to investigate further
3. Evidence to include in their report

What to do instead: You have the right to remain silent under the 5th Amendment of the U.S. Constitution. You can politely decline to answer questions by saying:

“Officer, I respect your job, but I’m exercising my right to remain silent.”

Remember to provide your license, registration, and insurance when requested – these are legal requirements.

Mistake #2: Submitting to Field Sobriety Tests

If an officer suspects you’ve been drinking, they may ask you to perform field sobriety tests on the side of the road.

Common field sobriety tests include:

• The eye test (Horizontal Gaze Nystagmus)
• Walk-and-turn test
• One-leg stand test

Why it’s a mistake: These tests are extremely difficult to pass, even for completely sober people. Factors like:

• Nervousness
• Physical conditions or injuries
• Inappropriate footwear
• Uneven road surfaces
• Poor lighting
• Weather conditions

All can cause you to “fail” these tests even if you haven’t been drinking.

What to do instead: In Texas, you can legally decline to take field sobriety tests. While your refusal can be mentioned in court, it’s often less damaging than performing poorly on tests that are designed to be difficult.

You can politely say: “I don’t feel comfortable taking these tests, but I’ll cooperate with you in other ways.”

Mistake #3: Consenting to Vehicle Searches

Officers may ask to search your vehicle during a traffic stop, sometimes using casual language that makes it seem routine.

Why it’s a mistake: Allowing a search gives officers access to look for any evidence they can use against you, even if it’s unrelated to the reason they stopped you.

What to do instead: Without a warrant or “probable cause,” officers need your consent to search your vehicle. You can politely decline by saying:

“I don’t consent to searches, officer.”

This preserves your Fourth Amendment rights against unreasonable searches.

How Evidence from Stops Can Be Challenged Later

If you’ve already been through a DWI stop and made some of these mistakes, don’t lose hope. An experienced DWI attorney can often challenge the evidence against you in several ways:

Procedural Errors

Your attorney will examine whether the officer followed proper protocols during your stop, arrest, and testing. Any deviation from standard procedures can sometimes lead to evidence being thrown out.

Test Inaccuracies

Breath and blood tests aren’t always accurate. Problems with:

• Equipment calibration
• Maintenance records
• Test administration
• Your own medical conditions

… can all affect test results and provide grounds for challenging their accuracy.

Video vs. Written Evidence

Most police vehicles have dashboard cameras, and many officers wear body cameras. Your attorney can compare the officer’s written report with the actual video footage to identify any inconsistencies or exaggerations.

Why You Need Legal Representation

The best protection after a DWI stop is to consult with a qualified attorney as soon as possible. At Norris Legal Group, we’ve helped many clients who made mistakes during their DWI stops still achieve favorable outcomes in their cases.

An experienced DWI attorney can:

• Review all evidence from your stop
• Identify procedural errors
• Challenge test results
• Develop defense strategies specific to your situation
• Negotiate with prosecutors on your behalf

Don’t Face DWI Charges Alone

If you’ve been charged with a DWI in Tarrant County, contact Norris Legal Group today for a free consultation. Our experienced team understands the complexities of DWI law and can help you navigate the challenging legal process ahead.

Remember, what happens during the stop is just the beginning – having the right legal team can make all the difference in the outcome of your case.