It might be scary to get arrested for DUI especially if you don’t know what to do when you’re already there. If I will be stopped for DUI suspicion here in Houston, Texas, do I have to answer the officer’s questions and can I refuse a search of my vehicle?

Madisen

Houston, TX

If you will be stopped for DUI suspicion in Houston, Texas, the first thing that the police officer would do is to ask for your license and registration. At some point after the officer do that, he/she will ask you if you have consumed any alcoholic beverages. It would be perfectly within your legal rights to politely refuse to answer the questions. The police officer could still decide that he/she has enough reason to arrest you, but simply refusing to answer the question is not reason enough. But the downside in refusing to answer the officer’s questions is that you would look suspicious, that is why, if you have not had anything to drink, the best idea is usually to simply say so.

Regarding your question on refusing a search of your vehicle, you have the legal right to do so. The officer could not arrest you simply for refusing to consent to a search of your vehicle. But in some limited cases, your car can be searched without your permission or a warrant so long as the officer has probable cause to believe that you have committed a crime. Do not resist even though you think that what the officer is doing is illegal. It could not be used at trial if the officer illegally obtains evidence against you.