Austin DWI Stops: Know Your Legal Rights
First and foremost, don’t panic. Remain calm, and do not do anything that would further raise the officer’s suspicions. Police will ask you for your identification and insurance information, and you must provide that information to the officer. If the officer asks you additional questions, like if you had anything to drink that evening prior to the stop, you may refuse to answer the questions.
If the police ask you to perform field sobriety tests, you can again refuse these requests. Similarly, you may also refuse if police ask you to submit to a blood, breath or chemical test at the site of the stop. However, know that if you refuse, this will not end the encounter. Police will continue to investigate you, and most likely, you will be arrested based on the actions you take at this time.
At Hildreth & Rueda, our Austin DWI attorneys help people who have have been charged with drunk driving. If you have concerns about your DWI stop, call us at 512-415-7648 or send us an email.
Austin DWI Stop: Know Your Rights
Use this checklist to protect your defense during a roadside investigation in Travis County.
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Identify Yourself: You are legally required to provide your driver’s license and insurance information to the officer. - ✔
Right to Silence: You do NOT have to answer questions about where you were, what you ate, or how much you drank. - ✔
Refuse SFSTs: Standardized Field Sobriety Tests (walking a line, etc.) are voluntary. You can politely refuse these without an immediate license penalty. - ✔
Implied Consent (Section 724.011): After an arrest, refusing a blood or breath test carries a 180-day license suspension. - ⚠
The 15-Day Clock: You must request an ALR Hearing within 15 days of your arrest to save your driving privileges.
Need an Austin DWI Defense Strategy?
Call Hildreth & Rueda Law: 512-415-7648
As per Texas Transportation Code § 724.011, Texas is an implied consent state. This means that as a condition of being able to be a licensed driver on state roadways, you agree to submit to a blood/breath/chemical test if requested by law enforcement after being arrested for operating a motor vehicle if suspected of impairment. You can still refuse, but there are penalties for this refusal. Your license will be suspended for 180 days if you refuse to submit to one of these tests if arrested on suspicion of DWI.
During a police stop, police are using every bit of evidence they have to begin building a case against you. You may feel like you can charm your way out of an arrest or charge by being helpful – but that’s not going to happen. It can be hard to think strategically when stopped by police because things are going to start happening really fast. Be kind and respectful, but do not make any admissions that you think will clear your name. You are only going to make things much more difficult for you to challenge later in the process.
Scenario: Let’s walk through what the facts look like in a typical Austin DWI case. Steve, a 28 year-old male, meets with friends downtown one night after work. He has a few drinks over a couple hours and decides to drive home.
1. The stop by police: Steve is stopped by police shortly after leaving the bar. Police pulled him over for failing to signal lane change.
2. During the stop: Police observe signs that lead them to believe that Steve may be impaired, such as slurred speech.
3. Gathering evidence: Police ask Steve to take field sobriety tests. He refuses.
4. Arrested for DWI: Based on the evidence gathered so far, police decide to make an arrest. They request that Steve take a blood test to determine the amount of alcohol in his system. He agrees.
5. DWI case begins: Law enforcement begins to document the case against Steve, and submits the sample for testing.
6. Critical moment in the case: After an arrest, Steve faces a big choice: Hire an attorney to fight the charges or handle the matter himself.
7a. Steve decides not to hire an attorney: Steve tries to be helpful with police and prosecutors. He inadvertently gives them all the information they need to get a DWI conviction, and he pleads guilty to put the matter behind him. Steve has significant consequences due to the conviction, including the loss of his driver’s license.
7b. Steve hires an Austin DWI attorney: Steve decides to reach out to a law firm to provide him with an overview of his options. Steve learns of the defenses possibly available in his case, and hears more about the strengths and weaknesses of the charges against him. He makes an informed decision to fight the charges, and appears at the Blackwell-Thurman Justice Center knowing he has an experienced DWI at his side. Steve’s attorney provides crucial guidance at each step, and helps him protect his rights.
Let Us Protect Your Rights After A DWI Stop
We know that you may be worried after a DWI stop, but that is why we’re here. For a free initial consultation, contact us online or call us in Austin at 512-415-7648. We are ready to help you through this challenging ordeal.
*This page has been reviewed by attorney Florencia Rueda, who has over 15 years of experience in criminal defense cases in Travis County and nearby communities.