If you are pulled over by law enforcement officers for drunk driving, you must be aware of your rights in order to protect yourself from incrimination. Keep in mind, any information you provide to police can be used against you in court.
It is often in your best interest to avoid going into a detailed and lengthy conversation with the police officer since everything you say can be used to build a case against you for DWI. You have the legal right to remain silent; however, your silence may appear suspicious and uncooperative.
So instead of refusing to speak, remain polite and answer questions in a vague manner. Do not provide concrete information about your whereabouts and how much you’ve had to drink.
Refusing to Take a Test
Texas implied consent law requires that you take a breath or blood test if you are arrested for a DWI. If you refuse to take a test, then evidence of your refusal can be used against you in court and your license will be automatically suspended for at least 180 days. On the other hand, if you choose to take a test and the results indicate that your BAC is above the legal limit, then your license will be automatically suspended for at least 90 days.
Remember, you are allowed to refuse a field sobriety test or a preliminary breath test since these are ways to establish probable cause.