Challenging A DWI Stop In Texas In A DWI Criminal Case

Challenging A DWI Stop In Texas In A DWI Criminal Case

When law enforcement stops a driver on suspicion of driving while intoxicated (DWI), they must follow strict legal procedures. In Texas, police officers must have reasonable suspicion to initiate a traffic stop. This means they must observe a traffic violation or other behavior that indicates possible impairment. Without reasonable suspicion, a DWI stop may be unlawful, and any evidence collected may be inadmissible in court under Texas Code of Criminal Procedure Article 38.23.

If an officer pulls a driver over without legal justification, the entire case could be challenged. Texas courts carefully evaluate the basis of a DWI stop to determine whether the officer had a lawful reason to stop the driver. If there is no valid reason, a defense attorney can file a motion to suppress evidence, which may result in the dismissal of the charges.

Common Reasons Police Stop Drivers For DWI

Police officers in Texas look for specific behaviors that may indicate impairment. Some of the most common reasons for a DWI stop include:

• Swerving or failing to stay within a lane
• Driving too slowly or erratically
• Running a red light or stop sign
• Speeding or reckless driving
• Failing to use turn signals
• Driving without headlights at night

While these behaviors may justify a traffic stop, they do not necessarily prove intoxication. Many factors, such as fatigue, distraction, or medical conditions, can cause similar driving patterns. If an officer initiates a DWI stop based on assumptions rather than clear legal justification, the stop may be challenged.

Challenging The Reasonable Suspicion For The Stop

Under Texas law, a police officer must have reasonable suspicion before stopping a driver. If there is no specific and articulable reason for the stop, a defense attorney can argue that the stop was unlawful. Some key defenses include:

• No Traffic Violation Occurred – If body camera or dashcam footage does not support the officer’s claim of a traffic violation, the stop may be invalid.
• Racial Or Unlawful Profiling – Stops based on profiling rather than observed behavior can be legally contested.

If a court determines that the initial stop was unlawful, any evidence obtained after the stop, including field sobriety tests, breath tests, and officer observations, may be suppressed.

Challenging Field Sobriety Tests

If a driver is stopped for suspected DWI, officers often administer field sobriety tests (FSTs) to assess impairment. The three standardized tests recognized by the National Highway Traffic Safety Administration (NHTSA) include:

• Horizontal Gaze Nystagmus (HGN) Test – Observing involuntary eye movements
• Walk-And-Turn Test – Assessing balance and coordination
• One-Leg Stand Test – Testing the driver’s ability to stand on one leg

These tests are subjective and prone to error. Factors such as nervousness, uneven surfaces, weather conditions, and medical conditions can affect performance. A skilled DWI defense attorney can challenge the reliability of these tests and argue that they do not provide conclusive evidence of intoxication.

Challenging Chemical Tests (Breath, Blood, And Urine)

Texas law allows police to conduct breath, blood, and urine tests to determine blood alcohol concentration (BAC). However, these tests are not infallible and can be challenged based on:

• Improper Calibration Or Maintenance – Breathalyzers must be properly calibrated and maintained. Records of maintenance and calibration errors can invalidate test results.
• Improper Handling Of Blood Samples – Blood tests must follow strict chain-of-custody protocols. If there is contamination or improper storage, the results may be inadmissible.
• Medical Conditions Affecting Results – Certain conditions, such as acid reflux, diabetes, or respiratory issues, can produce inaccurate BAC readings.

Understanding Texas Implied Consent Laws

Under Texas Transportation Code Section 724.011, all drivers automatically consent to chemical testing when arrested for DWI. However, drivers have the right to refuse a breath or blood test, although this may result in an automatic license suspension.

If law enforcement fails to follow proper procedures when administering a chemical test, the results can be contested in court. A defense attorney may argue that the officer lacked probable cause, the test was administered improperly, or the driver’s rights were violated.

Challenging Probable Cause For Arrest

To make a DWI arrest, an officer must have probable cause that the driver was intoxicated. Probable cause is a higher legal standard than reasonable suspicion. If the evidence presented does not meet this standard, the arrest can be challenged based on:

• Unreliable Officer Observations – Slurred speech, red eyes, and unsteady balance can be caused by fatigue, allergies, or medical conditions.
• Lack Of Evidence – If there are no objective signs of intoxication, an arrest may be unwarranted.
• Improper Administration Of Tests – If field sobriety or breath tests were not conducted properly, the evidence may be thrown out.

DWI Frequently Asked Questions

Can A DWI Stop Be Thrown Out If The Officer Had No Reasonable Suspicion?

Yes. If the officer did not have a valid reason to stop the vehicle, any evidence collected after the stop may be inadmissible in court. This includes field sobriety tests, chemical tests, and officer testimony.

Can A DWI Stop Being Thrown Out If The Officer Has No Reasonable Suspicion?

Yes. If the officer did not have a valid reason to stop the vehicle, any evidence collected after the stop may be inadmissible in court. This includes field sobriety tests, chemical tests, and officer testimony. Police officers must have reasonable suspicion to pull over a driver, meaning they must observe a traffic violation, erratic driving, or another indicator of impairment. If the stop was based on a mere hunch or bias, a defense attorney can file a motion to suppress the evidence, which could weaken the prosecution’s case significantly.

What Happens If I Refuse A Breath Test In Texas?

Under Texas implied consent laws, refusing a breath or blood test can result in an automatic driver’s license suspension. However, refusing a test also limits the prosecution’s evidence, which can be beneficial in a defense strategy. A first-time refusal typically results in a 180-day suspension, while repeat offenses can lead to a suspension of up to two years. Additionally, law enforcement may still obtain a warrant to conduct a blood test, especially in cases involving accidents or prior DWI convictions. A defense attorney can request a hearing to challenge the suspension of the driver’s license for a refusal and may be able to prevent the suspension.

Can Medical Conditions Affect Field Sobriety Test Results?

Yes. Many medical conditions, including vertigo, neurological disorders, and inner ear infections, can cause a person to fail field sobriety tests, even when they are completely sober. Other factors, such as anxiety, exhaustion, improper footwear, or uneven road surfaces, can also affect performance. The standardized field sobriety tests (SFSTs) are not foolproof, and officers may misinterpret physical impairments as signs of intoxication. An experienced DWI attorney can present medical records or expert testimony to challenge the validity of the field tests.

Can A Lawyer Help Get A DWI Case Dismissed?

Yes. A skilled DWI defense lawyer can challenge the legality of the stop, test accuracy, and probable cause, potentially leading to a case dismissal or reduction in charges. Attorneys examine procedural errors, constitutional violations, and flawed evidence to build a strong defense. If the officer did not follow proper arrest procedures, misused breathalyzer equipment, or lacked probable cause for the arrest, the case could be dismissed. Additionally, a lawyer can negotiate with prosecutors for lesser charges or alternative sentencing programs.

How Can I Fight A DWI Charge If I Failed A Breath Test?

Even if you failed a breath test, breathalyzers are not always accurate. A defense attorney can question the machine’s calibration, the officer’s training, and other potential issues to challenge the results. Factors such as residual mouth alcohol, medical conditions like acid reflux, or improper test administration can lead to false positives. Additionally, if the breathalyzer was not maintained correctly or the officer lacked certification, the test results may be deemed unreliable.

What Are Common Police Errors That Can Help My Defense?

Several procedural errors can strengthen a DWI defense, including:

• Lack of reasonable suspicion – If the officer did not have a valid reason to stop you, the case may be thrown out.
• Failure to follow proper testing procedures – Officers must administer field sobriety and breathalyzer tests according to strict guidelines. Any deviation can lead to unreliable results.
• Improperly obtained evidence – If officers failed to read your Miranda rights before questioning you, any self-incriminating statements might be suppressed.
• Unreliable breathalyzer maintenance – If the machine is not properly calibrated or maintained, its results can be challenged in court.

Can I Still Be Convicted If My Bac Was Below The Legal Limit?

Yes. In Texas, you can be arrested and charged with a DWI even if your blood alcohol concentration (BAC) is below 0.08%. Officers can claim that other factors, such as your behavior, driving patterns, or failed field sobriety tests, indicate impairment. Texas law allows for a DWI conviction if the prosecution can prove that alcohol or drugs caused the loss of the normal use of your mental or physical faculties despite being under the legal limit.

How Long Does A DWI Stay On My Record In Texas?

A DWI conviction in Texas stays on your record permanently. Texas does not allow for the expunction of a DWI conviction, meaning it can impact employment opportunities, housing applications, and professional licensing. However, if your case was dismissed or you were acquitted, you may be eligible for an expunction or nondisclosure order, which can seal your record from public view.

What If I Was Arrested For A DWI At A Sobriety Checkpoint?

Sobriety checkpoints are not common in Texas, as they are generally considered unconstitutional under state law. However, if you were arrested at a checkpoint, a defense attorney could challenge the legality of the stop. Texas courts have ruled that random DWI roadblocks violate state constitutional protections against unreasonable searches and seizures. If your arrest resulted from an unconstitutional checkpoint, your attorney could argue to have the charges dismissed.

Can Prescription Medication Lead To A DWI Arrest?

Yes. Texas law allows for DWI charges if any substance, including prescription medications, impairs your ability to drive. Common medications that can lead to impairment include sedatives, painkillers, and anxiety medications. Even if the medication was legally prescribed, if it affected your driving ability, you could still face a DWI charge. A defense attorney can work to demonstrate that you took the medication as prescribed and that it did not impair your ability to operate a vehicle safely.

What Happens If This Is My Second Or Third DWI Offense?

Penalties increase significantly for repeat DWI offenses in Texas. A second offense carries:

• A mandatory jail sentence of at least 30 days
• Fines up to $4,000
• A license suspension of up to two years
• A third offense is considered a felony, with potential penalties including:
• 2 to 10 years in prison
• Fines up to $10,000
• A permanent criminal record
• If you are facing multiple DWI charges, seeking legal representation is critical to protecting your rights and minimizing the consequences.

What Is The Difference Between A DWI And DUI In Texas?

In Texas, DWI (Driving While Intoxicated) applies to individuals over 21 who operate a vehicle with a BAC of 0.08% or higher or are otherwise impaired. DUI (Driving Under the Influence) applies only to minors under 21 who have any detectable alcohol in their system. While a DUI is considered a Class C misdemeanor with lower penalties, a DWI carries more severe consequences. Additionally, it should be noted that even if you are under 21, you can still be charged with a DWI.

What Should I Do If I Am Pulled Over On Suspicion Of DWI?

If you are pulled over on suspicion of DWI, follow these steps:

• Remain calm and polite – Do not argue with the officer or make sudden movements.
• Exercise your right to remain silent – You are not required to answer questions beyond providing your license and registration.
• Refuse field sobriety tests – These tests are voluntary and can be used against you in court.
• Consider refusing the breathalyzer – While refusal results in an automatic suspension, it may limit evidence against you.
• Contact a DWI attorney immediately – Legal representation can help you build a strong defense and protect your rights.

How Can I Fight A DWI Charge If I Failed A Breath Test?

Even if you failed a breath test, breathalyzers are not always accurate. A defense attorney can question the machine’s calibration, the officer’s training, and other potential issues to challenge the results.

Call Mark Diaz & Associates For Aggressive DWI Defense

A DWI conviction can have serious consequences, including license suspension, fines, and jail time. At Mark Diaz & Associates, we have extensive experience defending DWI cases in Galveston and throughout Texas.

Contact our Galveston DWI defense lawyers at Mark Diaz & Associates by calling 409-515-6170 to receive your free consultation. Our team is ready to fight for your rights and build a strong defense strategy tailored to your case.