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Texas Drivers’ Rights During a DWI Stop

Updated: Sep 25, 2024 @ 4:35 am

Less than 1 minute Reading Time: Minutes

Texas enforcement efforts against DWI are more aggressive than ever. For example, over the New Year’s Eve weekend, Houston-area authorities made 27 DWI arrests.

Their efforts included at least three search warrants issued for blood, 10 breath tests ranging from 0.094 to 0.253, one mandatory sample, six refusals, and 10 voluntary blood samples.

The Warrants

The search warrants were obtained through Texas’ No Refusal Program, a cooperative effort between several Texas agencies and officials.

In the program, prosecutors prepare search warrants for DWI suspects arrested by police and present the warrants to judges for review. If the judge signs the warrant, a mandatory blood sample is taken by a nurse also hired with program funds.

Police Stops & The Law

Many Texas readers will agree that being stopped by a DWI patrol can be an intimidating experience, even for sober drivers.

During the stop, a driver is required by law to provide their name and current address to the questioning officer, as well as a copy of their vehicle registration, proof of insurance, and driver’s license. Yet many readers may not realize that the scope of an officer’s questioning is not unbounded.

Your Rights During Police Encounters

Any lawful order of a police officer must also be followed during a DWI stop. Yet our Texas readers should also be aware of their drivers’ rights during a DWI stop. For example, a driver typically has a right to refuse to answer certain questions or to provide his or her consent to searches and field sobriety tests.

If a driver was ordered to submit to a test or search despite withholding consent, an experienced DWI attorney might be able to mount a legal challenge on that issue.

If you’re facing criminal charges in Greater Houston for DWI or another criminal offense, contact Tad Nelson & Associates at 713-802-1631 today.

Source: yourhoustonnews.com, “Extra DWI patrols for New Year’s Eve,” Dec. 31, 2012

The Law Office of Tad Nelson & Associates

Houston • Clear Lake • Galveston • League City

Houston DWI Lawyer Tad A Nelson is Board Certified in Criminal Law by the TBLS.

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