Being pulled over for suspicion of impaired driving can start a process that has serious long- term consequences. But acting in a sober manner if you are pulled over by the police for suspected drunk driving can help reduce the potential legal, professional, and financial consequences of this stop.
Overall conduct
If you are stopped, you should try to stay calm. Being argumentative or defensive will only antagonize the police and make your situation worse.
Pull over
During their stop, police are looking for any suspicious signs that you are impaired or over the legal drinking limit.
When you see the police lights, turn on your vehicle’s signals and pull over to a safe and convenient place. Try not to stop your vehicle abruptly or make suspicious movements.
Turn off the ignition and roll down your window. Keep your hands on the steering wheel and visible to the police officer.
Police may suspect that you are reaching for a weapon or hiding illegal objects if you make sudden movements. Do not pull out your wallet or open your glove compartment until the officer asks to see your license, registration or proof of insurance.
Silence
Be polite and remember that you have the right to remain silent. Never lie or try to outsmart the police officer.
Do not answer questions on why you were pulled over, your activities and where you were or how much you drank. Respectfully state that you wish to remain silent.
Field sobriety tests are highly subjective tests of your ability to complete physical tasks. Results depend on things like the police’s observations, your nervousness, coordination and whether police provided clear instructions. Refuse to take this test.
Texas has an implied consent law. Your operator’s license will be suspended for refusing to undergo a blood or alcohol test.
Consequences
Even without a field or chemical test, police may make a drunk driving arrest because of other factors constituting probable cause. These include smelling alcohol on your breath, having an open alcohol container in your vehicle or signs of drunkenness such as red eyes, flushed face or slurred speech.
It may be important to seek legal representation as soon as possible to help assure that you do not give up important legal rights.