When Can Texas Police Order You Out of the Car?

 Posted on August 05, 2025 in Criminal Defense

If you are stopped by police in Texas, you must follow lawful commands, including getting out of your vehicle if ordered to do so. This applies to both drivers and passengers. Refusal can result in arrest, even if you believe the stop was not lawful. But what exactly is a lawful command? Do you have to do everything the police say when you get pulled over? 

As of August 2025, both federal case law and Texas statutes continue to support law enforcement authority during traffic stops, but they have their limits. If your rights were violated during an encounter with police, it may be possible to challenge the legality of the stop or any resulting charges. Call our Arlington, TX criminal defense lawyer to learn more. 

Are You Legally Required to Get Out of Your Car When Police Pull You Over? 

Police officers in Texas have the legal authority to order you out of your car during a traffic stop.

Two U.S. Supreme Court cases address this issue: Pennsylvania v. Mimms (1977), which allows officers to order drivers out of a vehicle during a lawful stop, and Maryland v. Wilson (1997), which extends the same authority to passengers.

Neither action is considered a violation of the Fourth Amendment's protections against unreasonable searches or seizures. These rulings apply in all states, including Texas.

What Else Must You Do During a Traffic Stop?

If you are stopped while driving in Texas, you are legally required to:

• Provide your driver’s license, vehicle registration, and proof of insurance. This is outlined in Texas Transportation Code § 521.025

• Comply with lawful instructions, such as turning off your engine, stepping out of the vehicle, or keeping your hands visible.

• If you are detained on foot or as a passenger and not free to leave, you must provide your name, address, and date of birth under Texas Penal Code § 38.02.

Failure to comply with these requirements can lead to misdemeanor or felony charges, depending on the circumstances.

What Are You Not Required to Do When the Police Pull You Over?

Texas law also protects your rights during police encounters. You are not required to:

• Answer questions about your destination, activities, or other personal matters. The Fifth Amendment allows you to remain silent.

• Consent to a search of your vehicle or belongings. You may say clearly: "I do not consent to a search."

• Participate in field sobriety tests. You can refuse, although this may result in license suspension under Texas’ implied consent laws.

• Show ID as a passenger unless you are legally detained or arrested.

Knowing what you are and are not required to do can help you stay calm and assert your rights without escalating the situation.

What If the Police Stop Was Illegal?

Not all police stops are legal. If an officer pulls you over without reasonable suspicion, searches your car without probable cause or consent, or makes an arrest based on a coerced statement, you may have grounds to challenge the entire case.

Possible defense options your attorney might use include a motion to suppress illegal evidence, dismissal of charges, or exclusion of statements or confessions that violate Miranda rights. Each case is unique, and outcomes depend on the facts and evidence. The sooner you speak to a knowledgeable attorney, the better your chances of defending your rights and avoiding long-term consequences.

Contact a Keller, TX Criminal Defense Attorney

If you were ordered out of your car or charged with a crime after a traffic stop in Tarrant County, The Dameron Law Firm can help. With decades of legal experience and a deep understanding of Texas law, we defend your rights from the moment police make contact. Call 817-222-0624 today for a free consultation with an Arlington, TX criminal defense lawyer and take the first step toward protecting your future.