What to Do If You’re Pulled Over for Suspected DUI/DWI in Austin?

This is where many people make crucial mistakes. Familiarize yourself with these key rights:

• The Right to Remain Silent: You are not required to answer questions about where you’re coming from, where you’re going, or if you’ve been drinking. Politely state, “I choose to exercise my right to remain silent.” Do not offer unsolicited information or admit to anything.
• Refusing Field Sobriety Tests (FSTs): In Texas, field sobriety tests (like the Horizontal Gaze Nystagmus (HGN), Walk-and-Turn, and One-Leg Stand) are voluntary. You are NOT legally required to perform them, and there are no direct penalties for refusal. These tests are subjective, often performed under less-than-ideal conditions (uneven ground, flashing lights, nervousness), and can be used as evidence against you. Politely decline by saying, “I do not wish to perform any field sobriety tests.”
• Understanding Implied Consent (Breathalyzer/Blood Tests): This is different from FSTs. Texas has an implied consent law. This means that by driving on Texas roads, you are deemed to have consented to a breath or blood test if you are lawfully arrested for DWI.
  • Can you refuse? Yes, you can refuse a breath or blood test after arrest, but there are consequences:
    • Your driver’s license will be automatically suspended for a minimum of 180 days (longer for repeat offenses), even if you are not convicted of DWI. This is an administrative (civil) action separate from your criminal case, handled by the Department of Public Safety (DPS) in what’s called an Administrative License Revocation (ALR) hearing.
    • Your refusal can be used as evidence against you in court.
  • Warrants: Be aware that if you refuse a breath or blood test, the officer may seek a warrant from a judge to compel a blood draw. If a warrant is issued, you must comply.

What NOT to Do: Common Pitfalls

• Don’t Argue or Be Hostile: This can escalate the situation and provide the officer with more reasons for an arrest.
• Don’t Make Incriminating Statements: Avoid saying anything that suggests impairment or guilt.
• Don’t Resist Arrest: If the officer decides to arrest you, do not physically resist. You can state that you do not consent to the arrest, but comply with their physical instructions.

If You Are Arrested for DUI/DWI in Austin

If you find yourself arrested for DWI in Austin, the immediate next step is critical: contact an experienced Austin DWI lawyer as soon as possible. You have the right to speak with an attorney, and exercising this right quickly can make a significant difference in your case.

An Austin criminal defense attorney can:

• Advise you on immediate next steps, including the ALR hearing to fight for your driving privileges.
• Investigate the legality of the initial stop and arrest.
• Challenge the validity of field sobriety tests, breathalyzer results, or blood test procedures.
• Review police bodycam and dashcam footage for inconsistencies.
• Negotiate with prosecutors for a dismissal or reduction of charges.
• Build a strong defense strategy to protect your rights and future.

Get Experienced Legal Help in Austin

Facing drunk driving charges in Austin is a serious matter with potentially severe consequences, including fines, jail time, license suspension, and a permanent criminal record. Don’t navigate the complex Texas DWI laws alone.

At The Hull Firm, our dedicated team of Austin DWI lawyers has extensive experience defending individuals across Travis County and the surrounding areas. We understand the nuances of these cases and are committed to fighting for the best possible outcome for our clients.

If you’ve been pulled over or arrested for suspected DUI/DWI in Austin, act fast. Contact The Hull Firm today for a confidential consultation. Let us put our knowledge and experience to work protecting your rights.

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