What to Do if You’re Pulled Over This Holiday Season
Holiday parties are one of the staples of the holiday season. Whether it’s a work party or a gathering of friends, it’s pretty common for alcoholic beverages to be a part of the revelry.
Law enforcement officials know this and typically become more diligent when enforcing DWI laws during the holidays. It’s not uncommon (and not unlawful) for a police officer to pull you over for a routine traffic infraction and ask if you’ve been drinking. Law enforcement officers have some discretion with respect to exactly what happens during a traffic stop. What can you do to protect both your safety and your legal rights?
Step #1—Take the Time to Safely Get Off the Road
First and foremost, this is about your personal safety and the safety of other motorists. It can also have an impact on how the police officer responds. If you slam on the brakes or stop in the roadway, the officer may see that as evidence of poor judgment (which might be attributed to impairment). Pull over in a timely manner, pay close attention to the road, and make certain that the place you stop doesn’t put you, the officer, or others in harm’s way.
Step #2—Wait for the Officer to Approach You
Police officers are trained to be wary of any motorist they pull over. If you attempt to get out of your vehicle, that can be perceived as threatening behavior. In fact, any movement on your part at all can be problematic. Don’t reach for something in your pocket or in the glove box. Don’t turn toward or away from the officer. Don’t roll down the window until the officer is next to you. Keep your hands on the steering wheel unless the officer tells you to do something else.
Step #3—Do Not Be Argumentative or Combative
It’s best to let the police officer control any conversation that you have. Remember that the officer has some discretion. If you pose any type of threat or show any type of disrespect, disdain, or anger, the officer will likely scrutinize your behavior more closely. Answer any questions as honestly and unemotionally as possible, and with as few words as possible. A simple “yes” or “no” will often suffice. Many law enforcement officers view belligerence as symptomatic of impairment. Courtesy and cooperation are a better response.
Step #4—Don’t Lie, But Don’t Say More Than Is Necessary
Police officers know that most people get anxious when they’ve been pulled over. When they get anxious, many people tend to talk too much, to burn off excess energy with words. The less you say, the better. Don’t refuse to provide information—there’s no need to withhold your name or your license, registration, or insurance information. But if the officer asks whether you’ve been drinking, or even inquires about what or how much you’ve had to drink, you can say, in a calm and even tone, that you’ve been advised not to answer that question. Be prepared, though; the officer may subsequently ask you to submit to a field sobriety or BAC test, or they may even arrest you. Arrest is preferable, though, to a conviction for drunk driving that results from saying too much to the officer.
Step #5—Decline to Take the Field Sobriety Test
Under Texas law, you are not required to submit to a field sobriety test, and there’s no penalty for refusing to take one. Law enforcement officers use the field sobriety test to establish probable cause to either charge you with DWI or ask you to take a BAC test. If you exercise your right to refuse to submit to a field sobriety test, the officer will need to establish probable cause some other way.
The sooner you hire an experienced attorney, the sooner you’ll have a knowledgeable person protecting your rights.
At the law offices of Bailey & Galyen, we bring more than 40 years of experience to people in the Dallas-Fort Worth metroplex and across Texas who are charged with operating a vehicle while impaired or under the influence.
To learn how we can help protect your rights in an administrative or criminal proceeding related to a DWI charge, contact us by email or call our offices. Our phones are answered 24 hours a day, seven days a week.
