What to Do If You’re Pulled Over for Drunk Driving: A Legal Safety Guide
- Amy Scott
- May 2
- 4 min read
A Guide by One of the Best DUI Attorneys on What to Do If You’re Pulled Over After Drunk Driving
By Zach Myers, Owner & Partner at NTX Law, DFW Area, TX
Getting pulled over is stressful in any situation—but if you’ve had a drink or two, the anxiety can skyrocket. At NTX Law, we represent clients across the DFW area who are facing DWI (Driving While Intoxicated) or drunk driving charges, and the actions you take during a traffic stop can significantly impact both your safety and legal outcome.
Here’s exactly what to do if you see red and blue lights in your rearview mirror after drinking:
🚨 1. Pull Over Safely and Calmly After Drunk Driving
Signal immediately and pull over to the right side of the road in a safe location. Use your blinker, slow down gradually, and park your vehicle completely off the roadway if possible. Stay in your car unless instructed otherwise.
🤚 2. Stay Still, Hands Visible
Roll down your window, place both hands on the steering wheel, and remain still. Avoid reaching for your wallet, registration, or anything else until the officer asks. Sudden movements can raise suspicion or escalate the situation unnecessarily.
🧘♂️ 3. Stay Calm and Be Polite
Keep your demeanor respectful and non-confrontational. Do not argue or volunteer information. Your attitude and tone can affect the officer’s report, which may influence how your case is handled later.
🧾 4. Know What You Must Provide
In Texas, you are legally required to provide:
Your driver’s license
Proof of insurance
Vehicle registration
If the officer asks, “Have you been drinking?” you are not legally obligated to answer. A safe and lawful response is:
“I’d like to speak with an attorney before answering any questions.”
This is your constitutional right. Politely asserting it is not an admission of guilt.
🚫 5. You Are Not Required to Perform Field Sobriety Tests
Field sobriety tests in Texas are voluntary, and even sober individuals can struggle with them due to nerves, medical conditions, or poor road conditions. You can decline them respectfully:
“I respectfully decline to perform any field sobriety tests.”
🧪 6. Understand Chemical Testing Requirements
Texas has an Implied Consent Law, meaning that by driving, you’ve agreed to submit to chemical testing (breath or blood) after arrest. Refusing this test can result in an automatic license suspension and may be used against you in court.
However, you are not required to take a roadside breath test (commonly called a Portable Breath Test or PBT). You can say:
“I respectfully decline any roadside breath testing.”
Once arrested, you may be required to take a breath or blood test at a police station or hospital. Refusal at that stage has legal consequences, including potential license suspension and criminal penalties.
📞 7. Ask to Speak with an Attorney
You have the right to legal counsel. If you're arrested, clearly and firmly say:
“I would like to speak with an attorney as soon as possible.”
Texas law provides you a reasonable opportunity to contact an attorney before making critical decisions post-arrest.
📷 8. Record If You Can
If you're able—without interfering—recording the interaction (via hands-free dash cam or a passenger) can be useful for your defense. Never reach suddenly for your phone or record in a way that could be seen as obstructive.
📚 9. After the Stop: Write Everything Down
As soon as you’re in a safe place, jot down all the details you remember:
Time, location, and reason for the stop
What the officer said and did
Whether you were asked to take tests, and how you responded
What you had to eat and drink, and when
Who you were with and what you were doing
These details are invaluable for your defense attorney in building your case.
💭 Think You Have an Addiction?
If you find yourself driving after drinking more than once, or you’re facing repeated drunk driving charges, it may be time to consider whether alcohol has become a problem in your life. You're not alone—and help is available.
Here are a few reputable treatment centers in the DFW area:
The Right Step – Dallas: Inpatient and outpatient services for alcohol and drug addiction.
📍 2219 West Euless Blvd, Euless, TX 76040
Enterhealth Ranch – Van Alstyne: Medically based addiction treatment in a luxury setting.
📍 524 N Lincoln Park Rd, Van Alstyne, TX 75495
For immediate, confidential support, call the Substance Abuse and Mental Health Services Administration (SAMHSA) 24/7 National Helpline:
📞 1-800-662-HELP (4357)
Taking the step to get help can not only save your license—it can save your life.
Final Thoughts
At NTX Law, we know how overwhelming it can be to face drunk driving or DWI charges. Your behavior and decisions during the traffic stop can directly affect your legal outcome. Stay respectful, assert your rights, and get legal counsel immediately.
If you or someone you know has been arrested for DWI in the DFW area, call us today. We proudly serve Collin, Denton, Dallas, and Tarrant Counties and are ready to stand with you through every step of the process.
Zach Myers, Owner & Partner
NTX Law | DFW Area, TX
📞 214-384-1664
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