I’ve stood beside hundreds of Texans who started their legal troubles with the flash of red and blue lights in the rearview mirror. A DWI stop is stressful, loud, and often confusing. Officers speak fast. Adrenaline spikes. Small choices in those first minutes can shape the rest of the case, from the license suspension to whether the state can prove intoxication beyond a reasonable doubt. What follows aren’t abstract theories. It’s the practical playbook I wish every driver carried in the glove box, filtered through years of cross‑examining officers, challenging test results, and watching juries decide what’s credible and what isn’t.
What the officer needs to pull you over in Texas
A Texas DWI investigation almost always begins with a traffic violation or a reasonable suspicion of impairment. The law doesn’t require probable cause just to stop you, but it does require specific, articulable facts. Drifting within your lane without crossing a line isn’t enough by itself. Touching a lane marker once is not weaving across lanes. Speeding, failing to signal a lane change, running a stop sign, or driving without lights at night can justify the stop. Slow speed can also trigger suspicion, but officers need context: crawling at 25 in a 65 on an empty highway at 2 a.m. is different from easing through a construction zone.
If the officer claims you were weaving, the dash cam becomes critical. I’ve had cases tossed when the video showed two modest lane deviations over several miles, a pattern courts often find too thin to justify a stop. The same goes for “wide turn” allegations that look normal on video. These fights happen before trial in a suppression hearing. If a judge agrees the stop lacked reasonable suspicion, the state’s case often collapses. That early motion can be the difference between dismissal and plea negotiations you don’t want to make.
Your core rights at the window
The United States Constitution, plus Texas statutes, gives you a small set of powerful rights. They won’t make you invisible, but they will protect you from avoidable damage.
- You have the right to remain silent. Provide your name, driver’s license, and proof of insurance. Beyond that, you do not have to answer, “Where are you coming from?” or “How much have you had to drink?” Polite, consistent refusals reduce the state’s evidence. A simple, “I prefer not to answer questions,” works. You have the right to refuse roadside field sobriety tests. The walk‑and‑turn, one‑leg stand, and the eye test are voluntary in Texas. There is no penalty for declining them. Officers rarely say that clearly. You can politely say, “I decline any voluntary tests.”
Those two sentences, delivered calmly, protect more cases than anything else I teach. They also require self‑control. The door‑side conversation is designed to get admissions. The tests are designed for failure. If you decide to speak or test, you’re giving the state evidence they will later frame as signs of impairment.
What happens after refusal
Expect pushback. Officers often escalate to a DWI investigation form, shine their flashlight into your eyes, and claim they smell alcohol. That phrase appears in a large percentage of Texas DWI reports. Smell alone is not proof of intoxication. It proves exposure to alcohol, which could be a single beer, spilled drink, or a passenger’s breath.
If the officer believes they have probable cause after the roadside phase, they may arrest you. Arrest doesn’t mean you broke the law. It means the officer thinks they can justify a charge. Even after arrest, your right to remain silent continues. Resist the urge to explain yourself in the patrol car. Most units record audio and video. Nervous chatter has hurt more cases than it has helped. A good Criminal Defense Lawyer would prefer silence over a rambling explanation 100 times out of 100.
The portable breath test trap
During the roadside phase, officers sometimes use a small handheld device to get a breath sample. In Texas, the portable breath test is not admissible to show your actual blood alcohol concentration. At best, it can be used to suggest the presence of alcohol. Scores from that device often vary wildly. I seldom see juries trust it, and judges usually exclude the number. That said, giving a handheld sample still supplies another reason for the officer to arrest you. Refusing the handheld device on the roadside has no separate civil penalty in Texas. If the officer asks, you can say, “I do not consent.”
Implied consent and the station breath test
The real decision point arrives after arrest. Texas has an implied consent law. By driving on Texas roads, you “consent” to provide a breath or blood sample if lawfully arrested for DWI. In practice, you still have a choice, but the choice has consequences.
If you consent to a breath test at the station, a machine such as the Intoxilyzer 9000 will measure your alcohol concentration. If you refuse, the officer can seek a warrant for your blood. In many counties, judges approve electronic warrants within minutes, even late at night. If a warrant is signed, officers can draw your blood, with or without your cooperation. Physical resistance adds obstruction problems, so it’s wiser to rely on legal challenges rather than force.
Here’s the trade‑off as I see it when advising clients in the abstract. A breath test supplies a number the state will anchor on. Numbers persuade juries, even when we later show machine limitations, mouth alcohol contamination, or poor maintenance. A refusal may trigger a longer driver’s license suspension under the Administrative License Revocation program, but it often reduces the strength of the criminal case. Blood draws, if they happen, take time, and alcohol dissipates at roughly 0.01 to 0.02 per hour depending on the person. A later draw can produce a lower number. Blood also opens avenues to challenge chain of custody, storage, lab quality controls, and sample fermentation.
There is no one‑size answer. People with health conditions that affect breath testing, such as GERD, asthma inhalers, or certain dental appliances, are often better off refusing a breath test and forcing the state to seek blood. People with no alcohol or certain timing issues might choose to blow. A seasoned Defense Lawyer will review your facts rather than recite a slogan.
Administrative License Revocation: the 15‑day clock
After a DWI arrest, the officer typically hands you a temporary driving permit and notice of suspension. You have 15 days to request an ALR hearing with the Texas Department of Public Safety. Miss that deadline and your license suspension kicks in automatically on the 40th day after the arrest. If you refused breath or blood, the suspension length is often 180 days for a first case, longer with priors. If you provided a sample at or above 0.08, the typical first‑timer suspension is 90 days.
This hearing is separate from the criminal case, and it is one of the most underused tools in Texas Criminal Defense. The ALR process lets your lawyer subpoena the arresting officer, lock in testimony early, and sometimes expose holes in the stop or probable cause. I have won criminal dismissals based on contradictions exposed during ALR testimony. Even when you lose the hearing, you might secure an occupational license that lets you drive to work, school, and essential errands. The timelines are tight. Acting within days, not weeks, matters.
Field sobriety tests: why they trip up sober people
The three standardized field sobriety tests come from the National Highway Traffic Safety Administration. In theory, when properly administered, they correlate with a person’s blood alcohol concentration. In practice, officers in the field often miss critical instructions, grade minor deviations as “clues,” and conduct tests on sloped shoulders, in wind, in boots, or under flashing lights. NHTSA’s own manuals require a level, dry, non‑slip surface and candidates free from certain medical issues. I rarely see those ideal conditions roadside.
The eye test, called Horizontal Gaze Nystagmus, is especially vulnerable. The officer must move a stimulus at precise speeds and distances, with strict timing. Small mistakes inflate “clues.” I once cross‑examined an officer who admitted he rushed each pass by roughly half the required time. The judge suppressed the HGN, and without it the state’s case faded.
People with inner ear problems, back injuries, knee surgeries, or age‑related balance issues perform poorly even when sober. Nerves alone can destabilize the one‑leg stand. Roadside videos often show decent performance until the officer writes the report, where the same performance is transformed into a list of failures. Declining these tests removes this subjective narrative from your case.
Search questions and your vehicle
During many stops, officers ask for consent to search your car. The line can be casual: “Mind if I take a quick look?” Say no. You are within your rights. If they have probable cause, they will search without consent. If not, your refusal protects the record. I have suppressed guns, open containers, and prescriptions found in questionable vehicle searches because the officer lacked probable cause and consent was unclear or coerced.
Remember, the open container law in Texas creates a separate offense for having an open alcoholic beverage in the passenger area. Even so, the presence of an open container is not proof of intoxication, although it can enhance punishment on a DWI if the prosecution prevails.
Body cameras, dash cameras, and your memory
If you are stopped, assume everything is recorded. Modern patrol vehicles record from the moment emergency lights activate. Body cameras capture audio and close‑range video. This helps more defendants than it hurts. Video humanizes the stop and can contradict exaggerated observations. Write your own notes as soon as you are able. Time, location, weather, medical conditions, footwear, whether you were fatigued from a long shift, and any officer statements you recall are useful. I’ve used a client’s contemporaneous notes, made within hours of release, to refresh their memory on the stand and to counter a report written days later.
The arrest decision: signs officers cite most
In Texas police reports, you’ll see repeat phrases: bloodshot eyes, slurred speech, unsteady on feet, strong odor of alcoholic beverage, and confusion about instructions. I have watched hundreds of videos where the person’s speech is clear, balance is normal, and eyes look fine, yet the same boilerplate appears in the report. Juries notice the mismatch. Any simple explanation that fits the facts helps. Allergies and fatigue redden eyes. Anxiety speeds speech. A chilly night and smooth‑soled shoes explain a wobble. These aren’t excuses. They are context. Good context can turn “signs of intoxication” into “signs of a long day.”
Breath and blood science: the cross‑examination map
The Intoxilyzer 9000 relies on infrared spectroscopy. It assumes a fixed breath temperature and partition ratio, and it presumes proper maintenance and calibration. Variations in breath temperature can elevate results. Residual mouth alcohol from recent drinks, burps, or GERD can skew readings upward. The instrument has safeguards, but they are not foolproof. Maintenance logs, simulator solution certifications, and operator training records are fertile ground for cross‑examination.
Blood analysis runs through gas chromatography, often in DPS or county labs. Labs follow standard operating procedures, but deviations happen. Sample mix‑ups, improper vial preservatives, headspace issues, and contamination are real. I once suppressed a blood result after showing the lab failed to run a necessary control and broke its own hold times. Without that number, the state changed its tune fast. A capable DUI Defense Lawyer works from the raw data, not just the lab’s one‑page summary.
Refusal evidence: how prosecutors use it
Texas prosecutors may argue that refusal shows consciousness of guilt. Juries are allowed to hear that you declined testing. The defense counter is simple and honest. People decline for many reasons, including distrust of machines, medical conditions, legal advice, or fear of needles. The law recognizes a right to refuse, which would mean little if refusal could only be viewed as guilt. With a credible explanation and a clean video, refusal can look like a rational choice rather than a guilty mind.
Penalties, enhancements, and collateral fallout
A first DWI in Texas is typically a Class B misdemeanor with a range of up to 180 days and a fine, along with court costs and surcharges that can bring real pain. A blood alcohol concentration of 0.15 or higher often bumps the charge to a Class A, increasing exposure. Having a child passenger under 15 converts the charge to a felony. Prior DWIs escalate punishment quickly. Refusing tests can affect the ALR suspension, and a breath test at or above the limit can complicate your professional licensing if you’re a nurse, teacher, pilot, or hold certain security clearances.
For young clients, including those who might later need a Juvenile Defense Lawyer in other contexts, a DWI creates ripples through scholarships, internships, and job offers. Even adults with successful careers face corporate travel restrictions and insurance spikes. Planning for collateral consequences is part of Criminal Defense, not an afterthought.
Practical guidance at 2 a.m.: what to do and say
Here is a focused, real‑world script that balances rights with respect for the officer’s job.
- Pull over promptly in a safe, well‑lit place. Turn off the engine, roll down the window, and keep your hands visible on the wheel. Hand over your license and insurance when asked. If you must reach, say so first. If the officer asks questions beyond identification, respond with: “I prefer not to answer any questions.” Repeat if needed. If asked to do roadside tests or a handheld breath test, say: “I respectfully decline any voluntary tests.” If arrested and asked for station breath or blood, you may say: “I want to speak with a lawyer before deciding.” If they proceed without allowing that call, remain polite and do not resist. Remember the ALR deadline once released.
This is not defiance. It is exercising rights with courtesy. Officers are trained to interpret combativeness as impairment or guilt. Calm brevity beats righteous speeches every time.
Special situations: prescriptions, marijuana, and mixed cases
Texas DWI law focuses on intoxication, not just alcohol. Prescription sleep aids, benzodiazepines, pain medications, and even some antidepressants can impair driving. Having a prescription is not a defense if the medication impairs you. On the other hand, a prescription can explain certain physical signs the officer misreads. Drug recognition evaluations, conducted by so‑called DRE officers, are subjective. I value body cam over DRE forms every day.
Marijuana DWIs are Cowboy Law Group assault defense lawyer growing. There is no legal THC per se limit in Texas. Blood tests for THC or metabolites often prove use, not impairment. Time since consumption and video of actual driving matter more. I’ve tried and won marijuana DWI cases where the driving was steady and the client looked fine on camera despite a positive blood test. A drug lawyer familiar with lab toxicology and pharmacokinetics has an edge in these cases.
Mixed alcohol and drug cases are the hardest for the state to quantify and the easiest to overcharge. The more complex the chemistry, the more opportunity for reasonable doubt.
When an accident changes the calculus
If the stop follows a crash, emotions and risks rise. Officers may skip roadside tests for safety and move straight to arrest and warrants. Medical personnel might draw blood for treatment. Whether law enforcement can obtain those hospital records depends on subpoenas and privacy laws. I’ve fought to suppress hospital draws when legal requirements weren’t met. Photographs of the scene, vehicle damage, and injury patterns can help explain poor balance, slurred speech, or confusion later captured at the station.
In serious injury or fatality cases, Texas law allows a mandatory blood draw under certain circumstances, and prosecutors often add intoxication assault or manslaughter charges. These carry heavy penalties and require fast, sophisticated intervention. In that world, every step follows the rules of Criminal Defense Law and evidence preservation. Early involvement by a Criminal Defense Lawyer is essential.
Speaking to a lawyer: sooner is smarter
Many clients call me after the ALR deadline has already passed or after they made detailed statements on a jail phone that was recorded. Texas jails warn that calls are monitored. Believe the warning. Use your first call to contact family and a lawyer you trust. Practical decisions must happen quickly: ALR requests, video preservation, scene photographs, and witness outreach. Delays cost options.
Not every Criminal Lawyer fits every client. Look for someone who tries cases, not just negotiates pleas. The lawyer should be comfortable with breath and blood science, open to ALR hearings, and candid about the strengths and weaknesses of your facts. If your case involves other allegations, such as an assault arising from a scuffle at the scene, you may also need an assault defense lawyer who understands how intoxication allegations spill into violence charges. Criminal Defense is context driven. Experience across related charges, from DUI Defense Lawyer work to handling cases as a Juvenile Lawyer when the driver is underage, helps tailor strategy.
Expunctions, nondisclosures, and the long tail of a DWI
If your case is dismissed or you win at trial, you may qualify for an expunction, which permanently removes the arrest from public records. If you receive certain forms of probation and meet conditions, you might be eligible for an order of nondisclosure that seals the case from most public view. These remedies are technical and timing matters. Build for them early. A result that looks acceptable today can block expunction later. I sometimes push for a dismissal in exchange for conditions that the client can meet, which preserves the path to sealing. That strategy adds months now but removes years of background check headaches.
What officers get right, and where they go wrong
Most Texas officers I meet are professional and patient. They deal with dangerous roads and tragic scenes. Many get the basics right: a clean stop, calm demeanor, clear instructions. But patterns of error exist. Rushed field sobriety tests. Vague reports. Overreliance on “odor.” Missing body cam footage that “should have” recorded. Gaps in breath machine maintenance logs. Labs that cut corners under caseload pressure. A strong defense knows these patterns and looks for them without assuming bad faith.
A note on related felonies and why early care matters
Some DWI stops turn into something else when contraband is found. That can escalate to possession charges, which is where a drug lawyer’s skill overlaps with DWI defense. If a firearm is in the car, the discovery can complicate negotiations, especially if the client is on deferred for a separate case or has prior convictions. Good Criminal Law strategy keeps an eye on the global picture, making sure a short‑term solution in the DWI does not trigger bigger problems in another court. For the rare case where a stop morphs into allegations like evading with a vehicle or worse, including violent conduct that could lead you to seek a murder lawyer in an unrelated situation, the need for comprehensive defense becomes obvious. The best time to limit fallout is the first week, not the last.
The human element
Juries respond to people, not paperwork. Your behavior at the stop and after arrest forms their first impression. Calm, polite, and concise beats clever. The same is true in court. Owning simple facts without volunteering extra speculation looks honest. A judge who sees a defendant who followed the rules and a prosecution that stretched them is more receptive to the defense story.
I’ve watched good people beat strong cases and strong cases beat good people. The difference often lies in a few early choices and the work done in the first thirty days. Request the ALR hearing. Gather records. Preserve video. Get a Defense Lawyer who treats the case as a living thing, not a file.
Final thoughts from the trenches
If you take nothing else, take this. You have the right to remain silent and the right to refuse roadside tests. Use both with courtesy. Expect pushback. Do not argue. If arrested, keep quiet. Resolve the ALR deadline within 15 days. Ask for counsel before deciding on station breath or blood. Document what happened. Those steps give your Criminal Defense Lawyer the tools to contest the stop, challenge the science, and negotiate from strength.
Texas DWI law is tough, but it is fair when you force it to be. The state must prove impairment beyond a reasonable doubt. Anything you say or do at the roadside helps them meet that burden or makes it harder. Your choices decide which.