What should I do if I am stopped and questioned by a police officer after I've been drinking?


If you are stopped, you are probably being videotaped.  Be polite and courteous. Antagonizing the officer invites problems.

Hand the officer your driver's license and proof of insurance. Do not admit guilt, apologize, or volunteer information. This is not the time to beg your way out of a traffic ticket. If you are questioned, respectfully inform the officer that you will not answer any questions without an attorney present.  REMEMBER, YOU HAVE THE RIGHT TO REMAIN SILENT...USE IT!!  When he finishes writing the ticket/warning, ask whether you are free to leave.  

If you are free to leave, thank your lucky stars that you have not learned your lesson the hard way and be on your way - carefully and lawfully.  In the future, choose the safer route by not driving after drinking and avoid all this stress. If another person in the car is capable of driving and hasn't been drinking, let him drive.

If you are told you are not free to leave, immediately request an attorney, terminate the interview, and REMAIN SILENT.

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*All answers are for people 21 years or older, do not involve enhancements, are not exclusive, and are limited to Texas.

**This page is for informational purposes ONLY and must not be relied upon as legal advice because it is NOT a substitute for the advice of a qualified attorney, nor does it establish an attorney-client relationship.

Not certified by the Texas Board of Legal Specialization.

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