What to do if You Have Been Pulled Over for DUI / DWI in Houston
- Call your attorney.
- Be polite & respectful to the officer.
- Stay awake until you get to jail.
- Give the officer your name and driver’s license.
- Stop talking, do nothing else, call your lawyer as soon as possible.
Texas Penal Code §49.01(2)(A) defines intoxication as not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug…or any other substance into the body http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.49.htm
TX Penal Code §49.01(2)(B) defines intoxication as having an alcohol concentration of 0.08 or more.
If you are pulled over by the police, you should be polite and courteous to the officer because it is not uncommon for the “attitude test” to determine whether or not the officer arrests you or lets you go on your way.
However, do not engage in a friendly conversation about where you have been and what you have had to drink.
You should give your name and driver’s license to the officer when asked. If you are not under arrest now, it is very likely that you soon will be arrested, so beyond what has already been advised, STOP TALKING AND DO NOTHING ELSE! Call your lawyer as soon as possible.
Many clients call their lawyer while they are still with the arresting officer. If you call your attorney while you are still with the arresting officer, be careful what you say or admit to your attorney while you are able to be heard by the arresting officer because anything you say can and will be used against you in a court of law.
You have a right against self-incrimination. You don’t have to provide a sample of blood or blow into a breathlyzer unless a valid warrant is present. Don’t take any kind of test. Don’t take any eye test, don’t take the stand on your heels and toes test, don’t take any kind of alphabet test, don’t blow into any device for the officer, and do not agree to give a blood sample. Of course, these refusals are going to result in you being arrested, but here is the reason why you should never take any kind of sobriety test for the police.
The Arresting Officer Will Confiscate Your Driver’s License
When you are arrested, the police officer will confiscate your driver’s license and give you a yellow piece of paper. Your license has not been suspended yet. This yellow piece of paper is actually your temporary driving permit and is titled, “Notice of Suspension, Temporary Driving Permit,” a/k/a DIC 25.
- The DIC 25 tells you your rights in an Administrative License Revocation hearing (click here to learn about the ALR Hearing).
- The DIC 25 states that you have 15 calendar days to request a hearing to contest your driver’s license suspension (the ALR hearing).
If you do not request an ALR hearing during this time, then your license will automatically be suspended on the 41st day after the date of the notice of suspension. Therefore, your Temp Driving Permit is valid for 40 days UNLESS you, or your lawyer, requests an ALR Hearing, at which time the Temp Driving Permit becomes valid until the ALR hearing is held and the administrative judge determines that your license should actually be suspended.
Additional Relevant DWI / DUI Law Information
Please contact us as soon as possible. In the mean time, you may wish to read some of our other DWI informative articles, such as:
- Possible Jail Time Related to DWI Convictions
- Making Bail / Getting Out of Jail After a DWI Arrest
- The Costs of a DWI Conviction
- How to Apply for an Occupational License