A Houston DWI Lawyer Explains Your Rights, the Process, and What Police Look For
Few experiences are as stressful as seeing flashing lights in your rearview mirror — especially if you’ve had a drink and fear a DWI arrest in Texas. Many people have no idea what to expect during a Texas DWI traffic stop, what their rights are, or how a single interaction with a police officer can lead to serious criminal charges.
In Houston, DWI laws are enforced aggressively. Police officers are trained to look for specific signs of intoxication, and every step of the traffic stop is designed to gather evidence that can later be used against you in court.
As a Houston DWI lawyer, Eric Benavides regularly defends clients whose cases began with a routine traffic stop that quickly escalated into a DWI arrest. Understanding what happens during a Texas DWI traffic stop — and what you should and should not do — can make a major difference in your case.
This comprehensive guide covers:
- Why police stop drivers for suspected DWI
- What officers are legally allowed to ask
- Your rights during a DWI traffic stop
- Field sobriety tests and how they work
- Breath and blood test requests
- Common mistakes drivers make
- How a Houston DWI attorney challenges traffic stops
If you’ve been stopped or arrested for DWI in Houston, this information is critical.
Why Police Stop Drivers for Suspected DWI in Texas
A Texas DWI traffic stop usually begins with an officer claiming reasonable suspicion that a traffic violation or criminal activity occurred.
Common reasons officers give for DWI stops include:
- Speeding or erratic driving
- Swerving or lane changes
- Failure to signal
- Rolling stops
- Broken taillights
- Weaving within a lane
- Driving too slowly
Importantly, police must have a lawful reason to stop your vehicle. If the stop was illegal, everything that follows — including field sobriety tests and breath or blood tests — may be suppressed.
This is one of the first things a Houston DWI lawyer will examine.
What Happens When You’re Pulled Over in Texas?
Step 1: Initial Contact With the Officer
Once you pull over, the officer will approach your vehicle and begin making observations. From the moment they reach your window, they are already gathering evidence.
They may look for:
- Odor of alcohol
- Bloodshot or watery eyes
- Slurred speech
- Slow or confused responses
- Open containers
- Coordination issues
Even completely innocent behavior — such as nervousness — can be misinterpreted.
What Are You Required to Provide?
In Texas, you are legally required to provide:
- Your driver’s license
- Proof of insurance
- Vehicle registration
You are not required to answer investigative questions.
Common questions officers ask include:
- “Have you had anything to drink tonight?”
- “Where are you coming from?”
- “How much alcohol did you consume?”
These questions are designed to get you to incriminate yourself.
A Houston DWI attorney will almost always advise that you politely decline to answer investigative questions.
Can You Remain Silent During a DWI Traffic Stop?
Yes — you have the constitutional right to remain silent.
You can politely say:
“I choose to remain silent and would like to speak with a lawyer.”
Exercising this right cannot legally be used against you, although officers may try to pressure you into talking.
Step 2: The Officer Decides Whether to Investigate DWI Further
If the officer believes they see signs of intoxication, they may ask you to step out of the vehicle. This is generally legal under Texas law.
At this point, the stop may escalate into a DWI investigation.
Step 3: Field Sobriety Tests (FSTs)
What Are Field Sobriety Tests?
Field sobriety tests are physical and mental exercises designed to help officers decide whether to arrest you for DWI.
The most common tests include:
- Horizontal Gaze Nystagmus (HGN)
- Walk-and-Turn
- One-Leg Stand
Despite popular belief:
- These tests are not required by law
- They are voluntary
- They are highly subjective
Why Field Sobriety Tests Are Problematic
Field sobriety tests:
- Were developed for controlled conditions
- Are often administered incorrectly
- Are affected by fatigue, anxiety, injuries, age, and weather
- Are designed to make people “fail”
Many sober drivers struggle with these tests.
A skilled Houston DWI lawyer can often show that FST results are unreliable or improperly conducted.
Should You Perform Field Sobriety Tests?
From a legal defense standpoint, field sobriety tests almost always hurt your case.
Politely declining these tests often:
- Limits evidence against you
- Prevents subjective interpretations
- Strengthens later defense arguments
There is no automatic penalty for refusing field sobriety tests in Texas. However, officers will almost certainly take you to jail if you refuse. But if you are going to jail either way, might as well go without giving them evidence.
Step 4: Preliminary Breath Test (PBT)
In some parts of Texas, Officers may ask you to blow into a handheld breathalyzer at the roadside.
Important facts:
- This is not the official breath test
- It is voluntary
- Results are often unreliable and cannot be used in court
Refusing a roadside breath test does not result in license suspension. There is no reason to do this test as it is so unreliable.
Step 5: Arrest Decision
Based on:
- Officer observations
- Field sobriety tests (if performed)
- Statements you made
- Breath test results (if given)
The officer will decide whether to arrest you for DWI.
At this point, you may be:
- Handcuffed
- Transported to jail
- Asked to submit to a breath or blood test
Breath and Blood Tests After Arrest
Once arrested, Texas implied consent laws apply.
Officers may request:
- An evidentiary breath test
- A blood test
You generally have the right to refuse, but refusal triggers Administrative License Revocation (ALR) penalties.
A Houston DWI lawyer can help you decide how refusal impacts your case and fight license suspension.
Can Police Force a Blood Draw?
Police may seek a search warrant for a blood draw. Even then, blood evidence can be challenged if:
- The warrant was defective
- Probable cause was lacking
- Procedures were improper
- The sample was mishandled
Blood cases are often more defensible than people realize.
Common Mistakes Drivers Make During a DWI Traffic Stop
As a Houston DWI attorney, Eric Benavides frequently sees clients harmed by avoidable mistakes:
- Talking too much
- Admitting to drinking
- Agreeing to field sobriety tests
- Assuming cooperation will lead to leniency
- Arguing with the officer
- Consenting to searches
Being polite but firm about your rights is critical.
How Police Reports Often Differ From Reality
Police reports are not neutral narratives. They are written to justify arrests.
Common issues include:
- Exaggerated signs of intoxication
- Boilerplate language
- Inaccurate descriptions of tests
- Omitted favorable facts
Dashcam and bodycam footage often contradicts written reports — which a Houston DWI lawyer can use to your advantage.
How a Houston DWI Lawyer Challenges Traffic Stops
Eric Benavides examines every phase of the stop, including:
- Whether the stop was legal
- Whether questioning exceeded legal limits
- Whether sobriety tests were voluntary
- Whether tests were administered properly
- Whether arrest probable cause existed
- Whether your rights were violated
If any step was unlawful, evidence may be excluded — sometimes leading to dismissal of the case.
Why Traffic Stop Details Matter So Much in DWI Cases
DWI cases are process-driven. A small mistake by police early in the stop can unravel the entire prosecution.
This is why early legal representation is so important.
Why Choose Eric Benavides as Your Houston DWI Lawyer?
When you’re facing a DWI charge, the quality of your defense matters.
Eric Benavides is a respected Houston DWI lawyer and criminal defense attorney who focuses on protecting clients’ rights from the very first moment of police contact.
Clients choose Eric Benavides because he:
- Focuses on DWI and criminal defense
- Knows Houston and Harris County courts
- Aggressively challenges illegal traffic stops
- Understands DWI science and procedure
- Communicates clearly and honestly
A traffic stop does not have to define your future.
What to Do If You’ve Been Stopped or Arrested for DWI in Houston
- Do not assume the case is straightforward
- Write down everything you remember
- Preserve any video or witness information
- Contact a Houston DWI lawyer immediately
The sooner you act, the more options you have.
Arrested After a Texas DWI Traffic Stop? Get Legal Help Now
A Texas DWI traffic stop is the foundation of the entire case. If that foundation is weak, your case may be defensible — but only if you have an experienced Houston DWI attorney fighting for you.
If you or a loved one has been arrested for DWI in Houston, do not face the system alone.
Eric Benavides – Houston DWI Lawyer – 713-222-2828
Criminal Defense | DWI Defense | Trial Representation
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