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Checklist

Know your rights at a traffic stop

A wallet card for Texas drivers: what to hand over, what to say, what to refuse, and how to keep a stop from turning into an arrest.

Most traffic stops end with a warning or a citation. A small minority end in a search and an arrest, often because the driver did not know what they could refuse. The card below is designed to fit in a glove box.

When the lights come on

  1. Signal and pull to the right shoulder as soon as it is safe.
  2. Turn off the engine. Roll the window down a few inches. Turn on the interior light if it is dark.
  3. Place both hands on the steering wheel. Tell any passenger to keep their hands visible.
  4. Do not reach for your wallet, registration, or glove box until the officer asks.

What you must do

  • Identify yourself if you are the driver. Hand over driver license, insurance, and registration when asked.
  • Texas law also requires passengers to identify themselves verbally if lawfully arrested or if the officer reasonably believes they witnessed a crime.
  • Step out of the vehicle if ordered. The Supreme Court has held this is a lawful command.

What you can refuse

  • A search of your car, your trunk, your bag, your pockets, or your phone. Say clearly: "I do not consent to a search."
  • A field sobriety test in many circumstances. Politely decline if you have not been drinking but are afraid of failing on tired legs.
  • A statement beyond your identification. Say: "I am exercising my right to remain silent."

What changes for DWI

If you are stopped for DWI, refusing a breath or blood test triggers automatic license suspension under Texas implied-consent law. The officer can also seek a warrant for a blood draw. Talk to a lawyer fast - you have 15 days to request an ALR hearing to fight the suspension.

If you were arrested at a stop, call the Law Office of J.M. Chema Garza at (956) 317-1167 or the 24/7 WhatsApp line at (956) 500-1371. The first call is free.

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Call the firm or schedule a consultation. We speak Spanish and English. Initial consultations are confidential.