Texas DWI

Texas refers to drunk driving as DWI, for Driving While Intoxicated.

The Fair DUI flyer is tricky for Texas. We’re told they don’t allow sobriety checkpoints but there may be other checkpoints.

Signing tickets is a big problem, as it is generally required. This means rolling down the window, which reduces the benefit of the flyer dramatically.

We are working on an app that will allow drivers to digitally sign tickets without rolling down the window. Please sign up for our e-mail list if you’d like to know when that becomes available.

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We also have a Fair DUI Flyer-Texas in PDF format.

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40 thoughts on “Texas DWI

  1. William R. DeSilvey

    I see that you don’t have one for Kansas as of yet, but that’s ok.
    My question is this: Would this tactic be useful and legal for any other “routine traffic stop”? (I will state the obvious; I am not referring to high speed chases, elusion of law enforcement, or being a prime suspect in a felony.)
    What about using something similar with the ongoing “police SWAT mentality” when they show up at your door, and you KNOW they don’t belong there?

    Thanks,
    Bill DeSilvey

    Reply
    1. wredlich Post author

      It is intended for routine stops. That’s the main idea.

      Haven’t thought much about for houses.

      Reply
      1. Tracey

        I guess I am Not sure what the purpose of this is. If you’re drunk you’re drunk and you shouldn’t be afraid to give your information to a police officer who is trying to make you and everybody around you safe. Routine traffic stops are a pain in the ass but they are there for all of us to keep us safe.

        Reply
        1. MrPlaceTX

          “they are there for all of us to keep us safe.” Tell that to the 5.9 million jews who was being helped and “kept safe”. Tell that to the Marine veteran Jose Guerena who was shot 72 times and left for 45 minutes to bleed out without allowing medicals services to treat him. Tell that to Hannah Cohen who is deaf and partially blind from a tumor, who was beat down by TSA for not complying fast enough. Tell that to the infant Bou Phonesavanh burned by a bogus warrant and served under a no-knock entry to which no charges was brought or contraband found.

          Would you like for me to continue, or can you see past your delusion of police keeping us safe?

        2. Edward Baldwin

          This is for Tracey, MrPlaceTX and anyone else naive enough to believe that police are there to protect us. The U.S. Supreme Court (in all their infinite wisdom) ruled that the police have no constitutional duty to protect American citizens. They exist to only enforce the law (thus the name – law enforcement officers. Look up Castle Rock v. Gonzales, DeShaney v. Winnebago County, Balistreri v. Pacifica Police Department, Warren v. District of Columbia, Lozito v. NYPD. Stop relying on someone else to come to your rescue. Take charge of your life and learn to defend yourself and your family. Police only show up to issue a ticket and AFTER a crime has occurred. They are not their holding your hand when something happens.

        3. Ron

          Tracy,

          If you want to be a sheep and blindly follow the herd, then I feel sorry for you. I refuse to blindly give up my Constitutional Rights that are there to protect me! The police do not have the right to just stop, question, or perform tests on people just because they want to or because they think you fit a profile or look! That ia the reaaon I along with many other intelligent people refuse to participate in their witch hunts! Its not because we are guilty of anything, its because we know we have rights and to blindly give them away is a slap to the face of all the people that died in an effort to give them to ua and to keep them for us!

  2. William R. DeSilvey

    Thank you for the rapid reply.
    Hope you do think about the home angle; the average US Citizen needs all the help they can get!

    Reply
  3. teacupkiller

    So this also applies if pulled over for any other supposed reason, such as speeding, “we thought your license plate looked weird” (really, has happened to me), etc.?

    Reply
  4. joe

    Has anyone tried this through immigration checkpoints?

    Also, some of these videos show them displaying a license/insurance/registration. I didn’t think this was required during a DUI checkpoint. I understood that you are not actually being “detained” in that situation and thus aren’t required to show ID, etc.

    Reply
    1. wredlich Post author

      Don’t know about immigration checkpoints. Courts give government more leeway there. Not recommended.

      License and other documents are typically required in all checkpoints. We recommend that you show them.

      Reply
  5. Keith

    This is very interesting. The concerning thing is your recommendation that ‘if the officer clearly states a lawful order… to comply’.
    Therein lies the rub: the layman probably can’t discern a lawful order from something the officer is just winging to get you to comply based on the the authority in his voice.

    Do you have a cheat sheet for that? 🙂
    Keith

    Reply
    1. wredlich Post author

      If you’re not sure, comply. And for most people if you know it’s an illegal order you should probably still comply.

      Reply
    2. Matt

      Basically, lawful orders will never begin with “Can you”, “Could you”, “Would you”, “Do me a favor”, etc, and you are free to answer any such REQUEST with a simple no. If you are told (without one of the aforementioned prefixes or question mark at the end) to do something, simply ask the officer flat out if he/she is giving you a lawful order.

      Reply
  6. D

    Why do you quote Sec 521.025 when it clearly says (quote)

    Sec. 521.025. LICENSE TO BE CARRIED AND EXHIBITED ON DEMAND; CRIMINAL PENALTY. (a) A person required to hold a license under Section 521.021 shall:
    (2) display the license on the demand of a magistrate, court officer, or peace officer.

    Reply
  7. juan

    That’s cool..but what if I’m caring a fire arm on me…do I still got to let them know I have a fire arm in the car??

    Reply
    1. Matt

      Texas is a “Duty to Inform” state..

      GC §411.205. REQUIREMENT TO DISPLAY LICENSE. (a) If a license holder is carrying a handgun on or about the license holder’s person when a magistrate or a peace officer demands that the license holder display identification, the license holder shall display both the license holder’s driver’s license or identification certificate issued by the department and the license holder’s handgun license.

      Now technically this law is a paper tiger, since there is no longer a penalty for not informing, but displaying your CHL voluntarily versus letting them find out about it via dispatch tends to put them a little more at ease. That said, simply possessing a CHL and not informing is not probable cause for a search. However (for the time being anyway) open carry is still illegal, and if a firearm is visible and you have not informed, that constitutes reasonable suspicion to detain you. This has been challenged and just yesterday the open carry bill passed the legislature – so it’s just waiting on the governor’s signature (and he has already promised to sign it). But you WILL still need a license to open carry. But once the new law takes effect, as long as you display your CHL alongside your driver’s license there would be no reasonable suspicion/probable cause to detain you.

      Reply
      1. wredlich Post author

        But would police use it as justification for ordering you out of the car on officer safety grounds? Talk to a local lawyer.

        Reply
        1. Matt

          Not saying it couldn’t happen, but it’s unlikely. All the police I know share the opinion that someone who informs them of their CHL status up front is very unlikely to be a threat. Not only have they jumped though all the legal hoops (which include fingerprinting and a federal background check) to obtain the CHL in the first place, but by showing it immediately with their DL they are also giving up the element of surprise. What would make them suspicious and more than likely lead to a detention is someone who FAILS to inform and they find out after running your DL.

      2. John MCMahon

        In Texas you do NOT need any license or permit to carry a firearm in your vehicle or on your real property. You only need it if you are going to carry it on your person (concealed, or open (open carry not effective til January 1st 2016)

        Reply
      1. Mike

        I believe your wrong. Being new to the state and just getting my concealed carry license I specifically looked and studied the current law. I was also told this by my instructor who is a retired police lieutenant for the Texas Highway patrol. Texas is still a must declare state.

        Reply
  8. Chip

    Curt, the officer may well read this flyer, ignore it, order the driver to lower their window and hand over the documents. The flyer alone is unlikely to lead to ass kicking however failure to follow orders, even orders you believe to be invalid, may well lead just there. Video everything, fight in court not on the street, comply with orders.

    Reply
    1. KitKat

      This is a quote from KSAT.com :
      ” DWI lawyer Michael Zamora doesn’t agree that people should try it.
      “Looks like a good recipe to getting your windshield broken and getting dragged out of your car,” Zamora said.
      Officers like drug recognition expert Shannon Purkiss are trained to notice any unusual behavior.
      “If they’re refusing to cooperate, to me, that’s a sign of intoxication,” Purkiss said. “What are they trying to hide?”.
      As far as protection in your home against unauthorized LE “invasions” I lived in San Antonio and have dealt with being harassed by SAPD’s corrupt finest.I had them off my lawn in les than 5 minutes by simply using the master /taxpayer public servant dialogue.It basically involves you invoking the correct language about YOU being the MASTER-as the taxpayer you pay THEM you own the cars you pay for the gas etc.You did not give them a contract to come to your house, so LEAVE.They are public SERVANTS and you are givening THEM a contract to LEAVE. This works.I have seen it done and I HAVE DONE IT MYSELF. Texas cops are real d*ckheads.SAPD especially is corrupted by cartel money (The Zetas built a mansion behind me and the cops were being directed to harass me-if you think I am nuts I am not I moved a few states away to make it stop-I will give you the address and you can google walk it yourself!)Since they tax the crap out of homeowners in Texas real estate monies property defenders have more respected rights in Texas.Use them !!I know alot of other stuff based on simple Constitution that can floor a Texas cop and make them back off.I am a middle aged woman but when the cops are crooked and you know it and they know you know it they WILL come after you.I only lived 10 minutes from where they gunned down that cop/Mexican mafia rat officer Pessina in Balcones Heights.

      Reply
      1. Peter Smith

        KitKat you sound like someone I could really like!!! Are you single? I’m a good looking man in my mid 40’s….just sayin’.

        Reply
        1. Kitkat

          I’m flattered but not enough room on ze plate.I actually moved to a more NORTHERN state and the rules have changed.WOW. You do have to present ID during a traffic stop IF asked, no matter what.But roilling down the windwo is for the purpose of mostly seeing what rolls back out. Put your ID and insurance in a ziplock and simply slide it out the crack.
          If you are on foot and asked for ID- they cannot ID you or detain you UNLESS you are a witness or a potential suspect. If you are not involved and don’t want to be-walk away.They cannot detain you-if you are not either of the aforementioned.
          Here some handy legislation pointers for you as a bonus:
          When police threaten or intimidate you it is a violation of the Constitution-specifically:
          Title 18 Code of Conduct
          Chap 13
          Subchapter 14
          Line 242
          Now go study !

  9. Peter Smith

    Great information but I do want to call to your attention, a misleading piece of information. You state that in Texas, a citation does not need to be signed. That, however, conflicts with the Transportation Code, 543.005, which clearly states it MUST be signed (ink or electronic). PLEASE BE AWARE AND BE CAREFUL OUT THERE!!!!

    Sec. 543.005. PROMISE TO APPEAR; RELEASE. To secure release, the person arrested must make a written promise to appear in court by signing the written notice prepared by the arresting officer. The signature may be obtained on a duplicate form or on an electronic device capable of creating a copy of the signed notice. The arresting officer shall retain the paper or electronic original of the notice and deliver the copy of the notice to the person arrested. The officer shall then promptly release the person from custody.

    Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 701, Sec. 4, eff. Aug. 30, 1999.

    Reply
    1. Matt

      That statute clearly defines the signature as a condition of release FROM ARREST. A traffic stop is not an arrest, therefore no signature is required for release.

      Reply
      1. Astralis Lux

        It depends how Texas defines an arrest. An arrest derives from Latin, which means to stop. In many jurisdictions, an arrest is to simply be detained, not cuffed. But some jurisdictions define it as being cuffed.

        Reply
  10. Christopher Duncan

    Look at ucc1-308 and ucc1-207 for the mandatory signing of the ticket. Its time to put a stop to this racketeering scheme that our tax dollars pay for. Article 6 section 2 is a need to know and any state law that goes against that is null and void. That is the supremacy clause in the constitution for those of you who do not wish to read it and that puts the constitution first and foremost. The ucc deals with jurisdiction. A crime is defined as when harm has been caused to one or someone’s property and in a traffic stop there is no victim and is not a crime, remember that when you are in court where the jurisdiction of the court is criminal or tribunal which is military and no crime has been committed and there is no victim present, case dismissed. Never enter a plea because that allows them jurisdiction over you and on your license the name is in all capital letters making you a corporation and you are flesh and blood. If the judge tried to enter a plea for you then he is practicing law from the bench and that is illegal. A magistrate can not pass judgement because he is not a judge and in Texas judges must be licensed and yes you can and have the right to ask them for it, if they are not licensed then you have a case against them and your tral is forfeit. Judges can only be licensed by the supreme court in Texas and the bar is not a license its more of a club like the Mickey mouse club. I would love to share more info but time is short. Know your rights and I don’t mean what the state tells you but what our constitution tells you and them and take a stand and push back, tell your friends and lets put the fear in them and keep them in their place I’m all for defending ones self because after all it wasn’t the law that won the west it was the citizen taking a stand and fighting back. I have a chi which is a concealed handgun license and its funny how police talk much different to me in a traffic stop then they did before and the reason for that is they have lost intimidation and usually let me of with a warning rather than harassing me. Stand up and lets restore the land of the free and the home of the brave because right now I only see the land of the slave and the home of the lazy, spineless sheep.

    Reply
  11. sharon smith

    There are 12 states that have state laws saying its is illegal and invasion of privacy to do DUI OR DWI checkpoints.
    In 12 states, sobriety checkpoints are not conducted. Some states prohibit them by state law or Constitution (or interpretation of state law or Constitution). Texas prohibits them based on the its interpretation of the U.S. Constitution.
    Due to legal issues surrounding their use, not all states conduct sobriety checkpoints. Some states have laws authorizing their use. Others forbid them or are silent on the issue. Texas is one of them!
    more proof: Tennessee Yes Once or twice a month Upheld under state and federal Constitution
    is it legal to conduct DUI checkpoints in Texas No Illegal under Texas’ interpretation of federal Constitution
    LINK to my information to read for yourself

    http://www.ghsa.org/html/stateinfo/laws/checkpoint_laws.html

    Reply
  12. Astralis Lux

    You should put the date updated on these cards for reference. If a legislative session passes, then people will realize that the card may be out of date.

    Reply

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