Traffic stops are common in Texas. Most drivers will experience one at some point. A traffic officer can pull you over for a routine check or on suspicion that you have committed a crime like DWI. Traffic stops are often stressful, especially when you do not know your rights and responsibilities.

Your response and behavior at a traffic stop can determine its outcome. Following the stop, police may try to interrogate you or search your car for a more thorough investigation. Some of these traffic stops lead to arrest and criminal charges.

Stay calm and follow lawful instructions. Be respectful, but you can still politely assert your legal rights. Acting within your rights and doing your responsibilities can prevent misunderstandings and legal issues. If you are under further investigation or arrested following your stop, you should seek the guidance of a reliable DWI defense attorney.

What to Do When You Get Pulled Over in Texas

Police officers in Texas cannot stop you for no reason. They must have reasonable suspicion that you have violated the law. A traffic officer needs a clear and specific reason to pull you over. In most cases, the steps you take after being pulled over will vary depending on the reason for the stop. Common reasons for a traffic stop in Texas include

Speeding

Speeding is a common reason why an officer can pull you over. An officer can stop you for speeding or for driving too fast for conditions, even if you are below the posted limit. Radar guns, speed cameras, and police observation can provide evidence of this. A speeding stop may result in a warning ticket or arrest for reckless driving.

Running a Red Light or Stop Sign

Failing to obey traffic signals or stop signs is a traffic violation in Texas. An officer can pull you over for the following traffic violations:

  • Running a red light

  • Rolling through a stop sign

  • Ignoring a yield sign

These violations are dangerous since they can cause accidents. Even if you think the road is clear, failing to stop entirely is against the law.

Equipment Violations

Under Texas law, you must always keep your vehicle in a safe operating condition. Therefore, an officer can stop you if you have a broken taillight, headlight, or turn signal.

  • Expired license plates

  • Missing mirrors

  • Cracked windshields

The officer may give you a warning. They may also tell you to repair the faulty parts before driving again.

Suspicion of Driving While Intoxicated (DWI)

An officer can pull you over when they see signs of impaired driving. These signs include:

  • Swerving

  • Braking suddenly for no reason

  • Running a red light

In Texas, DWI is a serious offense. A stop for suspected impairment can lead to further testing. An officer can arrest you at the DUI stop if they find evidence that you were driving under the influence of alcohol or drugs.

Matching a Suspect or Vehicle Description

Occasionally, an officer could stop you simply because your vehicle matched the suspect vehicle used in a crime. This might include color, make/model, license plate, etc. The type of stop in this case is for a criminal investigation. The officer might ask questions to validate who you are and your relationship with the incident.

Your Responsibilities When You Get Pulled Over in Texas

Knowing your responsibilities when an officer pulls you over can help ensure the stop is less stressful. Texas law has clear expectations for drivers during traffic stops. You must fulfill these duties to ensure compliance with the law. Additionally, it helps you avoid unnecessary legal issues.

The following are key responsibilities every driver should follow when stopped by police in Texas:

Pull Over Safely and Quickly

If a marked officer signals you, pull over to a safe place as soon as possible. Failure to stop when signaled can lead to evading charges. It means slowing down immediately, using your turn signal, and pulling to the right-hand side of the road. If you are on a narrow or dark road, turn on hazard lights and continue to a safe location.

If you take too long to stop without a good reason, it may be viewed as evading detention, an offense. The key is showing the officer you recognize their signal and are working to stop safely.

Remain in Your Vehicle

Under Texas law, you must stay inside your vehicle during a traffic stop. Doing this ensures safety for both you and the officer. It helps the officer assess the situation without uncertainty when you remain seated. You can only get out of the vehicle if an officer requests it. You should also:

  • Keep your seatbelt fastened.

  • Roll down your window enough to communicate.

  • Place your hands in clear view.

  • Avoid unnecessary movements.

Exiting the vehicle unexpectedly may be viewed as threatening, especially at night. Therefore, you should stay still and cooperate where necessary.

Provide Identification and Documents

When a law enforcement officer stops you, you are legally required to provide the following:

  • A valid Texas driver’s license

  • Your vehicle registration.

  • Proof of insurance.

You must present your driver’s license, registration, and proof of insurance when requested during a stop. If you cannot locate a document immediately, you should tell the officer before reaching for it. Not producing these items can result in fines or even the impoundment of the vehicle. Your records should be kept in an accessible place, like the glove compartment. This makes it a smoother and faster process.

Follow Lawful Instructions

You must comply with the traffic officer's orders during the stop. The instructions may include:

  • Stepping out of your vehicle.

  • Moving your car to a safer location.

  • Place your hands in a visible position.

You are not required to agree with the stop at that moment. However, you can handle any disputes you have in court later. Ignoring lawful instructions can result in charges like resisting arrest or obstruction. If you are unsure about a request, politely ask for clarification. Cooperation fulfills your legal duty and protects your rights.

Remain Calm and Respectful

Texas law does not require politeness. However, you must stay calm and respectful. You should also speak clearly and at a normal volume. If an argument arises, you should avoid engaging with the officers. Control your emotions. Calm behavior reduces the chance that the officer sees you as a threat. If you think the stop is unjust, you can contest it later in court. Calm communication prevents escalation and helps protect you from possible extra charges.

Do Not Interfere with the Stop

Interfering with a traffic stop can include acts like:

  • Driving away before being released.

  • Blocking the officer’s movements.

  • Making unsafe or sudden gestures.

You may record police in public in Texas, but don’t interfere with their duties. Keep your hands visible and stay calm while recording. You should keep your movements slow and predictable. Driving off without permission is considered fleeing and is a criminal offense.

Sign the Citation if Issued

If you receive a traffic citation in Texas, signing it does not admit guilt. It is agreed to be handled through legal channels. Signing means you promise to appear in court or pay the fine. Failure to sign a citation can result in an arrest. Even if you disagree with the ticket, you must still sign it. This fulfills your responsibility without creating more legal trouble during the stop. However, you can contest the validity of the citation in court.

Inform the Officer if You Are Armed

Texas allows legal gun possession under specific rules. You must inform the officer if you are armed and ask for your ID. If you are armed, keep your hands visible and avoid sudden moves. If you hold a License to Carry and an officer asks, present it. Voluntarily saying you’re armed can avoid surprises, but do so calmly.

Failing to notify the officer may lead to legal problems. Sudden movements toward a weapon can create misunderstandings.

Your Rights When You Are Pulled Over in Texas

Getting pulled over by the police in Texas can be nerve-wracking. You must understand your legal rights, whether you are stopped for speeding, suspicion of DUI, or a broken taillight. Knowing your rights when pulled over in Texas is one of the best ways to stay safe and avoid unnecessary legal trouble.

While it is essential to comply with lawful requests and remain respectful, you do not have to give up your constitutional protections. The following are some rights you can invoke when a law enforcement officer pulls you over:

Right to Remain Silent

You will have some level of interaction with a police officer after they pull you over. You are only legally required to provide specific information to the police during a traffic stop:

  • Your name

  • Your driver’s license

  • Vehicle registration

  • Proof of insurance

Beyond that, you do not have to answer any questions. You are not obligated to answer questions about where you have been, where you are coming from, or whether you know the reason for the stop. The prosecution can use the information you provide to law enforcement officers at the stop to build a criminal case against you.

However, you should not be rude to the officers. Instead, you should let them know you are exercising your right to remain silent. This right comes from the Fifth Amendment of the U.S. Constitution. It applies to all people, regardless of immigration status or criminal history.

You Have the Right to Refuse a Vehicle Search

During a traffic stop, a police officer might ask if he can search your car. But you are not obligated to consent to the request. Police cannot search your car unless they have probable cause, have a warrant to search your vehicle, or you permit them to do so. By consenting to a search, you are forfeiting your Fourth Amendment protections.

Whatever is located in the vehicle during this search may be admitted and used against you, regardless of ownership or knowledge of presence. You should always remain calm and courteous when refusing a search. You should not shout or engage in a physical altercation. Simply refuse, and remain still.

You Have the Right to Record the Stop

Texas is a "one-party consent" state. It means you can record video or audio of any interaction with law enforcement, as long as you are part of the conversation. You can legally:

  • Use your phone to record video or audio.

  • Keep the phone on the dashboard or in a holder.

  • Start recording as soon as the stop begins.

However, you cannot interfere with the officer’s duties. Do not reach for your phone suddenly or move in a way that could be seen as threatening. If an officer tells you to stop recording, you may politely refuse. It is not illegal to record unless you are obstructing traffic or violating a court order.

Confiscating your phone to prevent you from recording the stop violates your constitutional rights. If you face criminal charges after the stop, your attorney can present this fact to prove a constitutional violation.

You Have the Right Against Unlawful Detention

The police should have a legal basis to stop you. The officer must have seen you violating the law or have information they consider reliable to connect you with a crime. After being pulled over, police do not have the right to keep you for an unreasonable amount of time. This is the time needed to:

  • Identify you

  • Check your license, insurance, and registration.

  • Issue a warning or citation.

It is unlawful for an officer to prolong the stop without reason or try to stall for a drug-sniffing dog without cause. After the routine checks, you can ask the officers whether you are free to leave or if they are arresting you. If the officer says you can go, you can calmly leave. If not, remain silent and cooperative. However, you can challenge the detention later in court.

You Have a Right to Refuse Field Sobriety Tests

You have the right to refuse field sobriety tests in Texas, including:

  • Walking a straight line

  • Standing on one leg

These subjective tests help the officers develop reasonable suspicion to make a DWI arrest. If you refuse them, you may go under pre-trial detention. However, it might also prevent officers from collecting additional evidence. Under Texas’s implied-consent rules, refusing a lawful chemical test after arrest can trigger administrative license suspension. In some cases, a court can order a blood test by warrant.

You Have the Right to Representation

In some circumstances, a routine police stop can lead to an arrest for DWI or a related crime. If you are arrested during such a stop, ask for a lawyer. The moment you ask for an attorney, all interrogation must cease. Do not keep talking or explaining. Instead, you should wait for your attorney to advise you on what to do next. According to the Sixth Amendment of the Constitution, you have the right to legal counsel. If you don’t have the funds, the court has to supply you with a public defender.

You Have the Right to Equal Treatment

Texas law and the U.S. Constitution guarantee equal protection under the law. That means police cannot pull you over, search your car, or treat you differently because of:

  • Your race or ethnicity

  • Your immigration status

  • Your gender or sexual orientation

  • Your religious appearance or accent

If you are a victim of profiling or unfair treatment, you can document the following information.

  • The officer’s name and badge number

  • The time and location of the stop

  • Contacts of any witnesses

You can file a complaint with the police department’s internal affairs division or contact a civil rights organization like the ACLU of Texas.

You Have the Right to Remain Silent About Immigration Status

You still have constitutional rights during a stop if you are not a U.S. citizen. You do not have to answer questions about your immigration status or how you entered the country. However, you should not lie about your status or present fake documents. This can result in criminal charges and immigration consequences.

If ICE or immigration authorities become involved, you have the right to:

  • Remain silent

  • Contact your consulate

  • Speak with an immigration lawyer

  • Refuse to sign documents without legal advice


Find a Competent DWI Attorney Near Me

An officer can pull you over for a routine stop or when they suspect you are violating Texas law. However, a traffic stop does not have to create confusion or conflict. You can handle the situation calmly when you understand your rights and responsibilities. You have the following rights at a traffic stop.

They include the right to remain silent and seek legal representation. Additionally, you can refuse the searches and field sobriety tests. However, you have the responsibility to identify yourself and follow lawful orders from the officer. You should clearly state your rights if necessary.

If you believe an officer has violated your rights, you should document and address the incident legally. A traffic stop can result in complex legal issues. Therefore, you should hire and retain an experienced lawyer throughout the process. At Fort Worth DWI Defense Lawyer, we offer expert legal insight for our Fort Worth, TX, clients. Call us at 817-470-2128 to discuss your case.