What To Do When You Get Pulled Over

Most people never plan on getting pulled over, but if you drink and drive, it’s likely to happen sooner or later. While we don’t encourage breaking the law, we do urge our clients to know their rights and know how to protect themselves when they are stopped by the police. By following these simple instructions, you will ensure you have the strongest possible case when you and your Houston DWI attorney attend trial.

Don’t pull over immediately. While this sounds counterintuitive, it is important to always evaluate the safety of the road beside you before pulling over for police sirens. If there is nowhere safe to pull over, reduce your speed and turn on your signal, but wait until there is a clear area before stopping.
Retain your right to silence. Do not try to explain your situation or tell the police where you were. Simply ask them what they believe you have done wrong, give them your name and other identifying information and then tell them you are invoking your right to silence. It is always important to remember that anything you say will be used against you.
Be polite. The police are just doing their job and if you have an attitude, they will respond negatively and it may also be held against you in court.
Refuse the field sobriety tests. These tests are optional. While the police officer is likely to warn you that they will arrest you if you don’t take it, the reality is that they will usually arrest you even if you take it and seem to pass. While your Houston DWI lawyer can fight this evidence, it is better to not offer it in the first place.
Refuse the preliminary breath test. You are legally required to take a chemical test at the station, but this hand-held device does not count and is only there to help provide further evidence against you.
Take the in-station breathalyzer. You are legally required to do so, and these tests have enough flaws that your Houston DWI attorney will likely be able to rally against the results anyway.
Request your Houston DWI lawyer. While you will not be able to call him immediately, placing this request informs the officers that you know your rights and that you are sober enough to remember them.