How Should I Respond to a DWI Stop and Arrest?

 Posted on April 10, 2025 in DWI

 If you have never run afoul of law enforcement before, getting pulled over on suspicion of driving while intoxicated (DWI) can be an incredibly stressful experience. Unfortunately, this is where many people panic and end up making simple mistakes that hurt their own cases.

The best way to avoid a DWI charge is to avoid drinking and driving. However, if you are stopped by a police officer on suspicion of DWI, you can take steps to protect yourself before you get in contact with a Texas DWI attorney. At Law Offices of Biederman & Burleson P.L.L.C., we have handled hundreds of DWI cases, and when you work with our firm, we will strategize with you to determine the best course of action.

Know What to Say (And What Not to)

After you are pulled over, you should brace for a series of questions from the police officer. Questions like "Do you know why I pulled you over?" are intended to get you to incriminate yourself, supplying evidence to the prosecution. Whenever possible, you can give noncommittal answers like "I’m not sure" or request your right to an attorney instead of answering.

Additionally, you should try to maintain a cordial, polite tone when speaking to the officer. If prompted, be ready to provide your license, registration, and proof of insurance. Try to avoid making sudden movements or doing anything without being explicitly asked.

Avoid Field Sobriety Tests

Field sobriety tests allow officers to judge a driver’s sobriety. However, they are also highly subjective, and drunk or not, any mistake you make during a test could be used against you. The standardized field sobriety tests involve tracking your gaze, walking in a straight line, or standing on one leg while counting out loud.

You can lawfully refuse field sobriety tests and roadside breathalyzers without any legal consequences. However, the officer may detain you for refusing to take a field sobriety test. Do not panic if you are taken into custody, and be prepared to contact an attorney at the earliest opportunity.

Remember Your Right to Remain Silent

Anything you say to a police officer can be used against you in later legal proceedings. A police officer may approach you as a friend, but the information you give them could just as easily be used as evidence by the prosecution.

If you are interrogated while in custody, remaining silent can help your case. Additionally, do not fall for the myth that only guilty people need attorneys. If the pressure gets to be too much, you can always request a lawyer who can handle all further questions from law enforcement. At Law Offices of Biederman & Burleson P.L.L.C., we can help protect your rights after you have been detained.

Contact a Collin County, TX DWI Defense Attorney Today

Knowing how to respond to a DWI stop can give you a significant advantage. Our Plano, TX intoxicated driving defense lawyers at the Law Offices of Biederman & Burleson P.L.L.C. can provide you with legal advice and fierce representation at any stage of a DWI charge. Call our offices at 469-333-3333 to schedule a free consultation and start discussing your options.