Austin Texas: What to do when you are pulled over by the police and you have been drinking.
After you have pulled over, and the officer is approaching your vehicle, just crack your window open.You should always be polite to the police, when pulled over put your hands on the steering wheel (to show you are not reaching for a weapon), turn the lights on in your vehicle (unless there is stuff in the car you don't want the officer to see, like an open container).
When the officer approaches your vehicle just crack the window open enough to slide your license and registration through the opening. You should not have any other windows in the car open.
If an officer has stopped you for a traffic violation (speeding, failing to signal a lane change, running a red light, etc.) the officer may not start investigating you for DWI / DUI unless the officer has reasonable suspicion of DWI / DUI.
The reason to only crack the window is to prevent the officer from leaning into your vehicle and smelling your breathe for alcohol.
The officer will then ask you to open the window completely. Open the window if ordered by the officer.You should politely explain to the officer that "I am aware of my constitutional rights and I do not consent to searches, if you are ordering me to open my window completely I will. Are you ordering me to open my window completely? "
Note: As a general rule it is good to not consent to anything, make sure that the officer is ordering you to take that action (if you do it voluntarily, then your constitutional rights are not being violated).
At any point the officer may give up and just cite you for the traffic violation, if so good job, take the ticket and go home knowing you avoided a DWI / DUI arrest.
Bottom Line: ALWAYS do what an officer orders you to do, don't refuse a direct order from an officer.
If the officer asks you to step out of the vehicle, say that you will do so only do so if ordered by the officer.The officer may legally ask you to exit your vehicle for officer safety or for the purpose of investigating DWI / DUI (if the officer has specific articulable facts that amount to reasonable suspicion of DWI / DUI ).
If the officer asks you to step out of the vehicle then say "I will exit the vehicle only if ordered to do so by you, are you ordering me to step out of the vehicle?"
If the officer says, "Yes, I am ordering you." Then ask the officer, "Why are you ordering me to step out of the vehicle?" The officer may or may not explain, don't offer suggestions to the officer, let the officer do the talking. (Don't ask if the officer is investigating you for DWI / DUI or if the officer wants you to exit the vehicle for officer safety.)
Remember: Let the officer do the talking. If you are intoxicated to the point where you are slurring your speech, don't talk anymore than you have to. You will not talk your way out of a DWI / DUI arrest in Texas (especially in Austin).
Decline to perform any field sobriety tests or breathe / blood tests.If you have been drinking and there is ANY chance you are at .08 BAC or higher DO NOT PERFORM ANY TESTS.
Do not agree to the eye test (HGN). Do not agree to the walk and turn test. Do not agree to the one-leg stand test. Do not agree to any blood or breathe tests.
Bottom line: refuse all tests.
As soon as the officer starts asking question about where you have been, where you are going, how much have you had to drink; tell the officer, "I want my lawyer to be present during any questioning by the police."
The officer will come back with something like, "Well if your aren't intoxicated, just talk to me and we can take care of this can get you on your way, otherwise I will have to arrest you." Keep in mind that the officer can lie to you, the officer will either arrest you or not, YOU WILL NOT TALK YOUR WAY OUT OF A DWI / DUI in Texas.
Politely tell the officer, "I will not consent to any tests, I want my lawyer present during any questioning by the police."
If you are arrested call a Austin DWI Criminal Defense Lawyer ASAP!An Austin DWI / DUI Criminal Defense Lawyer can help you get out on bond faster and start taking steps to try to help you "beat the case".
The Austin Police / DPS / or other arresting agency will most certainly file to have your driver's license removed. An Austin DWI / DUI Criminal Defense Lawyer can give you a fighting chance to keep your driver's license.