A DUI stop can leave you confused, disoriented, and unsure how to protect your license. Stay calm, comply with lawful directions, and avoid discussing the alleged offense without legal guidance. After an arrest, contact an attorney promptly and check for any license-suspension notice.
Texas generally uses DWI for driving while intoxicated. DUI by a minor applies to drivers under 21 with any detectable alcohol. Younger drivers can also face DWI charges when the evidence meets that standard. Understanding what you have been charged with is an important first step, so request a copy of the arrest paperwork.
Avoiding Impaired Driving Before a Stop Happens
Arrange a sober driver, taxi, or rideshare before you start drinking. Don’t rely on feeling alert or counting drinks to decide whether you are good to drive. Alcohol can affect driving skills long before a person reaches a blood alcohol concentration of 0.08.
A personal breathalyzer can be a fun gimmick at parties, but it doesn’t give you permission to drive intoxicated. Texas law also defines intoxication as losing the normal use of mental or physical abilities because of alcohol, drugs, or a combination of substances. That means a reading below 0.08 doesn’t automatically rule out DWI in the eyes of officers performing the stop.
What Should You Do During a DUI Stop or After an Arrest?
These steps explain how to approach the stop and the decisions that follow. Roadside exercises, chemical testing, and court proceedings involve different rules.
1. Pull Over Safely and Keep Your Hands Visible
Signal and stop in a safe location or where directed by the police. Turn off the engine and keep your hands on the steering wheel. Tell the officer where your driver’s license and proof of insurance are before reaching for them.
Follow lawful instructions, including an order to step out of the vehicle. Remain calm, and avoid sudden movements or arguments that could aggravate the situation. Cooperating with law enforcement’s instructions doesn’t mean you must answer questions about drinking or committing crimes.
2. Exercise Your Right to Remain Silent
You don’t need to guess why the officer stopped you or offer an explanation about the evening. Provide required identification and documents, but don’t lie, invent details, or try to negotiate your way out of the investigation.
You can clearly say, “I am exercising my right to remain silent.” After an arrest, request an attorney before discussing the alleged offense with officers. Bexar County identifies silence and counsel during police interviews among an accused person’s rights.
3. Understand Roadside Testing
Roadside field sobriety exercises aren’t the same as chemical breath or blood testing. Texas’s implied-consent law addresses breath and blood specimens, which carry different refusal consequences.
Declining roadside exercises doesn’t prevent an arrest. Officers may consider a refusal alongside driving behavior, speech, and other observations when assessing probable cause. Don’t assume that a case requires a completed field test to hold water in court.
Tell your attorney about any injuries, physical limitations, or problems with the testing location. Those details can guide a review of the officer’s report and recordings, and may play to your favor.
4. Know the Consequences of Refusing Chemical Testing
After a DWI arrest, officers may request a breath or blood sample. Refusal can trigger a separate license suspension, generally 180 days for a first refusal. A refusal may also become evidence at trial in addition to the license suspension.
Police may obtain a warrant from a judge authorizing a blood draw without your consent. Refusing doesn’t necessarily prevent testing or end the prosecution. It also doesn’t guarantee a better legal outcome.
Listen carefully to the officer’s statutory warnings. Don’t assume officers must delay testing until you speak with counsel. Texas courts distinguish the right to an attorney during questioning from a right to consult one before deciding whether to provide a specimen.
5. Follow Bond Conditions and Court Instructions
Following an arrest, booking and a magistrate appearance may come before release. A magistrate explains the accusation and rights and addresses bail. Being released from custody doesn’t resolve the criminal charges.
Once released, read every document you are provided carefully. Keep track of court dates and follow any bond conditions, including monitoring or alcohol restrictions the court imposes. It is always smart to ask your lawyer to explain anything unclear before you act.
Don’t assume that leaving jail means you can ignore paperwork or wait until someone contacts you again. Keep your attorney informed of any new notices.
6. Check Your Driver’s License Hearing Deadline
Knowing what to do after a DUI includes addressing your driving privileges separately from the criminal case. Texas’s Administrative License Revocation, or ALR, process can follow a failed or refused chemical test.
When an officer serves a suspension notice, you generally have 15 days to request a hearing. When DPS mails a notice after receiving blood-test results, the deadline is generally 20 days from mailing.
Give the notice to your attorney as soon as you receive it. Don’t wait for your criminal court date or assume a hearing request happens automatically. Ask counsel to confirm both the deadline and your current driving eligibility.
7. Preserve Evidence and Prepare for Your Consultation
Save your citation, bond paperwork, court notices, and testing documents. Write down the stop’s location, timeline, officer statements, and names of passengers or witnesses while you remember them.
Preserve relevant messages, receipts, photos, and recordings without changing or deleting anything. Share these and any other relevant materials privately with your attorney rather than posting an explanation online.
Bring any questions you may have, too. Ask what evidence the lawyer will review, which deadlines need attention, and what the representation includes.
Contact a DUI Lawyer in San Antonio
You don’t have to sort through testing rules, license notices, and criminal proceedings alone. A DUI lawyer will be able to guide you through the legal proceedings with care, ensuring you are informed and have clear expectations.
The Law Office of Jesse Hernandez represents San Antonio clients facing DWI charges. Our criminal defense team reviews the allegations, examines potential weaknesses in the evidence, and explains available options without guaranteeing results.
Contact our office for a free case evaluation. Bring your paperwork so we can discuss your arrest and the next steps in your defense.
*Please note that this article provides general information and guidance regarding traffic stops, DUI/DWI charges, and related issues. It is not a substitute for personalized legal advice from an attorney. Each case is unique, and appropriate actions may vary accordingly.
