Understanding DWI and DUI in Texas

• Definitions of DWI and DUI
  In Texas, DWI and DUI are terms that are often used interchangeably, but they have distinct meanings.
  
  
  • DWI (Driving While Intoxicated): This is typically charged when a person is caught operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. It applies to adults over the age of 21.
    
    
  • DUI (Driving Under the Influence): This is usually used when a minor (someone under 21) is caught driving with any detectable amount of alcohol in their system, regardless of their BAC.
    
    
• Legal Implications
  The legal ramifications of a DWI or DUI in Texas are severe. Penalties may include hefty fines, jail time, community service, and the loss of your driver’s license. The severity of these penalties can vary depending on whether it’s a first offense or if there are aggravating factors, such as having a minor in the car.

What to Do When Pulled Over

• Stay Calm and Composed
  The first and most important thing to do when you see those flashing lights behind you is to stay calm. Easier said than done, right? But remaining calm helps you think clearly and avoid making any hasty decisions that could worsen the situation.
  
  
• Pull Over Safely
  As soon as you notice the police signaling you to pull over, find a safe spot to do so. Use your turn signal to indicate your intention and slowly pull over to the right side of the road. Stopping in a well-lit area can also make the situation safer for both you and the officer.
  
  
• Keep Your Hands Visible
  When the officer approaches your vehicle, keep your hands on the steering wheel where they can be easily seen. This simple act can help deescalate the situation by showing the officer that you pose no threat.
  
  
• Be Polite and Respectful
  It’s crucial to be polite and respectful throughout the entire interaction. Even if you feel that the stop is unjustified, being rude or confrontational will not help your case. Politeness can go a long way in ensuring the encounter remains as smooth as possible.

What Not to Do When Pulled Over

• Don’t Admit Guilt
  One of the biggest mistakes you can make during a DWI/DUI stop is admitting guilt. The officer may ask questions like, “Have you had anything to drink tonight?” It’s essential to avoid incriminating yourself. You are not legally obligated to answer this question directly, and it’s often safer to say something like, “I would prefer not to answer that.”
  
  
• Avoid Aggressive Behavior
  Aggressive behavior can escalate the situation quickly. Yelling, arguing, or making sudden movements can lead to additional charges, and in the worst-case scenario, it could endanger your safety.
  
  
• Don’t Perform Field Sobriety Tests
  In Texas, field sobriety tests are voluntary. You have the right to refuse them. These tests are designed to gather evidence against you, and even sober people can fail them due to nerves or other factors.
  
  
• Avoid Answering Incriminating Questions
  The officer might ask questions designed to get you to admit guilt or provide evidence against yourself. It’s crucial to know that you have the right to remain silent. Politely inform the officer that you would like to exercise this right until you can speak to an attorney.

What to Do After the Stop

• Request a Lawyer
  If you are arrested, immediately request to speak with a lawyer. Do not answer any further questions until you have legal representation. A lawyer can help ensure that your rights are protected and can guide you on the best course of action.
  
  
• Document the Incident
  As soon as possible, document everything that happened during the stop. This includes where you were, what the officer said, and how you responded. This documentation can be crucial for your defense.
  
  
• Stay Silent Until Your Lawyer Arrives
  After requesting a lawyer, it’s in your best interest to remain silent until they arrive. Anything you say can be used against you in court, so it’s safer to wait for professional guidance before speaking further.

Potential Consequences of a DWI/DUI Conviction

• Fines and Penalties
  A DWI/DUI conviction in Texas can come with steep fines, sometimes reaching up to $10,000. Additionally, you might be required to perform community service, attend alcohol education classes, or even serve jail time.
  
  
• License Suspension
  One of the most immediate consequences of a DWI/DUI conviction is the suspension of your driver’s license. Depending on the circumstances, this suspension can last from a few months to several years.
  
  
• Criminal Record
  A DWI/DUI conviction will result in a criminal record, which can have long-lasting effects on your life. It can impact your ability to find employment, secure housing, and may even affect your insurance rates.