Getting pulled over for a DUI traffic stop in San Antonio can be nerve-wracking. Whether you’ve had one drink or none, knowing your rights is essential.
As experienced DUI attorneys, we often hear clients say they didn’t know what they were allowed to say or do during the stop. In this blog, we’ll explain what police can and can’t do—and what you should and shouldn’t do—when you’re pulled over on suspicion of driving under the influence.
What Police Can Legally Do at a DUI Stop
During a DUI traffic stop, officers can legally ask for your license, registration, and proof of insurance. They may also observe your behavior and look for signs of impairment, such as slurred speech or the smell of alcohol. If they have reasonable suspicion, they may ask you to step out of the vehicle and perform field sobriety tests.
They are also permitted to request a breathalyzer test. Refusing a breath test can lead to automatic license suspension under Texas’s implied consent law. However, this doesn’t mean you’re automatically guilty.
What Police Cannot Do
Officers cannot search your vehicle without probable cause or your consent unless you are arrested. They also cannot force you to speak or answer potentially incriminating questions without a lawyer present. Remember, you have the right to remain silent beyond providing basic identification.
What You Should Do During a DUI Stop
Stay calm, pull over safely, and keep your hands where the officer can see them. Comply with requests for documents, but avoid volunteering information. You can politely decline to answer questions like, “Have you been drinking tonight?” by saying, “I’d like to remain silent.”
If asked to take a field sobriety test, you are not legally required to comply, though refusal may raise suspicion. If you are arrested, invoke your right to legal counsel immediately.
What You Should Not Do
Do not argue with the officer or resist arrest. Never lie or provide fake documents. Avoid making sudden movements or reaching for items without informing the officer first. Anything you say or do can be used against you in court so less is more when it comes to talking.
When to Contact a Lawyer
If you’re facing charges after a DUI traffic stop, it’s important to speak with a skilled DUI lawyer right away. An experienced attorney can review the stop’s legality, evaluate evidence, and help fight the charges. In some cases, improper police procedure or a lack of probable cause can result in charges being dismissed.
At the Law Office of Robert M. Maurer II & Associates, we’ve helped countless clients navigate the legal aftermath of DUI arrests. Whether you’re dealing with a first-time DUI or facing multiple charges, we’re here to protect your rights. We also represent clients in other criminal cases as a trusted criminal defense lawyer, domestic violence attorney, sex
assault lawyer, and criminal justice lawyer.
If you need a reliable DWI lawyer in San Antonio who understands your situation and knows how to fight back, then contact us for a free consultation.
