Officers are trained on exactly how a traffic stop unfolds. Most drivers are not. Brian Foley, who prosecuted the cases that began at those stops, evens the odds in this video.
Step 1 — Pull over safely and quickly
Signal, pull to the right, stop in a safe place, turn off the engine, and turn on the interior light at night. Roll the window down. Hands on the wheel. Passengers keep their hands visible too.
Step 2 — Documents
Texas requires a driver to show a license on request and to provide proof of insurance and registration. Tell the officer where the documents are before you reach: "My insurance is in the glove box — may I get it?"
Step 3 — Questions
"Do you know why I stopped you?" "Where are you headed?" "Had anything to drink tonight?" You are not required to answer any of these. A polite, non-answer works: "I'd rather not answer questions, officer." Never guess at why you were stopped — that is an admission. Never say how much you drank.
Step 4 — "Am I free to go?"
Once the reason for the stop is resolved — the ticket is written or the warning given — the officer needs new reasonable suspicion to keep you. Asking "Am I free to go?" forces that decision onto the record. If yes, leave. If no, you are detained, and everything that follows must be justified.
Step 5 — Searches and tests
"I don't consent to a search." "I decline the field sobriety tests." "I decline the portable breath test." All lawful, all polite, none of them evidence against you. The post-arrest breath or blood test is different — refusing it triggers a license suspension, and a warrant usually follows. Whether to refuse it is a judgment call best made with a lawyer's advice in advance.
Step 6 — If you are arrested
Do not resist. Say "I want a lawyer" and nothing else. Do not talk in the patrol car, at the station, or on the jail phone.
Print this out and put it in the glove box next to the insurance card. And if the stop already happened, call or text (409) 877-4909 — the free consultation is where the defense begins. See also our DWI traffic stop page.