Carefully drive to a safe place. Preferably a well lit area. Turn off your car, open the window, place your hands on the steering wheel and wait for the police officer to approach you. Do not leave your car. The cop is allowed to get your drivers license, registration and insurance information. It would not hurt to be polite and courteous. Put yourself in her shoes. She doesn't know if your some kind of homicidal maniac. If the police officer tells you to leave your car then do so calmly, without argument. If you refuse, you might be dragged out by force.
2. Do not Consent to a Search
Do not give consent to a search. That is your right. The police only ask for your permission when they need your consent to do so. The officer may try to trick you into giving consent. She might tell you she'll get a search warrant or call the canine unit. Be firm. She's probably bluffing. Many a case could have been won, but for the driver giving consent for a search when they didn't have to.
3. Don't Lie, Argue or try to Talk your Way out of it.
The police have heard every excuse or story out there. They are not intimidated by your threat to sue them and will not let you go because you're crying. But, how you act and anything you say is probably being recorded. You can bet that any bad behavior will be used against you by the prosecutor.
4. Remain Silent and Ask for a Lawyer
You and and any passengers have the right to remain silent, to refuse to answer any questions about where you've been; where you're going; what you've been doing; or if you've been drinking. Tell the officer you want to speak with your attorney.
5. Do not Consent to any Drunk Driving Tests
Refuse any field sobriety tests. These are the coordination tests, such as holding one leg up for 30 seconds, waking a straight line, and so on. They are designed to make you fail. Do not consent to any breathalyzer tests. Do not consent to any blood tests. All you are doing is providing evidence that will be used for your conviction. BUT refusal of a blood or breath test will result in an automatic suspension of your driver's icense. I will write an artice about DWI license suspension soon.
Refusing to Give Consent does not Mean refusing to Cooperate
If you refuse to consent, this does not mean you should not obey the police officer's orders. If he does have probable cause, he is allowed to search your car. Texas has "no refusal weekends" where even if you refuse to give consent to a blood or breath test, it can be forcibly done against your will. Once you refuse to consent then you should cooperate when the tests are being administered to you.
What's the Point of Refusing to Consent?
Remember, a police officer must have probable cause to search your car or test you for driving while intoxicated(DWI). The 4th Amendment right to be free from unreasonable search and seizure is a cornerstone of our Constitution. If you give consent to search you have just waived or given up this right. Once you've done this, you've blown any chance you had to challenge the search and to have any illegally obtained evidence thrown out by the court. If you are ever arrested, don't be stupid. Call a lawyer.
Our Rating is calculated using information the lawyer has included on
their profile in addition to the information we collect from state
bar associations and other organizations that license legal
professionals. Attorneys who claim their profiles and provide Avvo
with more information tend to have a higher rating than those who do
What determines Avvo Rating?Experience & background
Years licensed, work experience, education
Legal community recognition
Peer endorsements, associations, awards
Legal thought leadership
Publications, speaking engagements
This lawyer was disciplined by a state licensing authority in .
Disciplinary information may not be comprehensive, or updated. We recommend that you always check a lawyer's disciplinary status with their respective state bar association before hiring them.