If I’m pulled over by police in Texas, do I have to answer their questions? Here’s the law

Fort Worth Star-Telegram
Dalia Faheid
Wed, September 20, 2023 at 3:20 PM CST

It’s important to know and understand your rights if you are stopped by a Texas police officer.

You have the right to remain silent, and can exercise that right by saying so out loud to the officer. You cannot be punished for refusing to answer questions. You can say: “I wish to remain silent and not answer further questions,” according to the “Know Your Rights” page on the University of Texas Austin website.

If asked to identify yourself when stopped by a police officer, you do need to give them your name, date of birth and address, but you don’t need to answer any additional questions. You also must show police your driver’s license upon request.

Failure to identify is against the law in Texas under Texas Penal Code Section 38.02, which states: “A person commits an offense if he intentionally refuses to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested the information.” Per the Texas Transportation Code Section 521.025, drivers must “display the license on the demand of a magistrate, court officer, or peace officer.”

You also do not have to consent to a search of yourself or your belongings, and can say: “I do not consent to this search.” But police may pat you down if they suspect you’re carrying a weapon. While you should not physically resist, you have the right to refuse any further search.

During the interaction, stay calm and don’t run, argue, resist or obstruct the police. Keep your hands where police can see them.

Ask if you are free to leave. If the officer says yes, calmly and silently walk away, says the Houston law office of Matthew D. Sharp. If you are under arrest, you have a right to know why and the right to a lawyer, so ask for one immediately.