Legal Basis For DWI Stops In Texas: Understanding Reasonable Suspicion

Legal Basis For DWI Stops In Texas: Understanding Reasonable Suspicion

Driving While Intoxicated (DWI) charges in Texas often begin with a routine traffic stop. However, law enforcement officers must have a legal basis to stop a vehicle before conducting a DWI investigation. This legal basis is known as reasonable suspicion, a key constitutional principle designed to protect individuals from unlawful searches and seizures under the Fourth Amendment. Texas courts apply this principle under the Texas Transportation Code and Texas Penal Code statutes governing traffic laws and impaired driving offenses. At Mark Diaz & Associates, we ensure that law enforcement follows the law and does not violate the rights of those accused of DWI offenses.

What Is Reasonable Suspicion?

Reasonable suspicion is a legal standard that allows a law enforcement officer to temporarily detain a driver if the officer has specific, articulable facts that suggest a crime or traffic violation has occurred. In the context of DWI stops, reasonable suspicion often arises from observed driving behavior that indicates impairment. The officer does not need proof that a driver is intoxicated at the moment of the stop, only enough facts to justify further investigation.

Common examples of behavior that may establish reasonable suspicion include:

• Swerving between lanes or failing to maintain a single lane.
• Driving too slowly or erratically.
• Sudden braking without reason.
• Ignoring traffic signals or failing to use turn signals.
• Driving without headlights at night.

If an officer does not have legally valid reasonable suspicion, any evidence gathered during the stop may be challenged in court and could lead to suppression of evidence under the Texas Code of Criminal Procedure Article 38.23.

Probable Cause And DWI Arrests

Once an officer stops a driver based on reasonable suspicion, they must establish probable cause before making a DWI arrest. Probable cause requires more substantial evidence, such as slurred speech, the odor of alcohol, or poor performance on field sobriety tests. In Texas, officers may also use a portable breath test (PBT) to gather preliminary evidence of intoxication.

If an officer lacks probable cause, an arrest may be considered unlawful, and the defense can file a motion to suppress evidence collected during the stop.

Challenging A DWI Stop In Texas

An experienced DWI defense attorney can analyze the facts of the case to determine if the stop was justified under Texas law. Potential challenges include:

• Unlawful Traffic Stop – If the officer did not have reasonable suspicion, the entire case could be dismissed.
• Improper Field Sobriety Testing – If tests were conducted incorrectly, the results might be unreliable.
• Dashcam Or Bodycam Footage Discrepancies – Video evidence that contradicts an officer’s report can be critical.

Texas courts take constitutional violations seriously, and any improper stop could lead to evidence suppression under the Texas Code of Criminal Procedure Article 38.23.

Texas DWI Frequently Asked Questions

What Is The Difference Between Reasonable Suspicion And Probable Cause?

Reasonable suspicion allows a law enforcement officer to initiate a stop based on observable behavior that suggests criminal activity, such as erratic driving, swerving, or running a stop sign. It is a lower standard of proof than probable cause and is based on the officer’s training and experience. However, reasonable suspicion alone does not justify an arrest or a search of your vehicle without consent or a warrant.

Probable cause, on the other hand, is a higher standard of evidence required to make an arrest or conduct a search without consent. In a DWI case, probable cause may be established through evidence such as the smell of alcohol on a driver’s breath, slurred speech, failed field sobriety tests, or a breathalyzer reading above the legal limit. If an officer arrests you for DWI without probable cause, any evidence collected may be challenged in court.

Can I Refuse To Answer Questions During A DWI Stop?

Yes. Under the Fifth Amendment, you have the right to remain silent. You are only required to provide your driver’s license, vehicle registration, and proof of insurance. You do not have to answer questions about where you have been, whether you have been drinking, or how much you have consumed.

If an officer asks incriminating questions, it is best to politely decline to answer and state that you wish to speak with an attorney. Officers are trained to get drivers to admit to drinking and anything you say can be used against you in court.

What Should I Do If I Believe I Was Stopped Illegally?

If you believe your DWI stop was illegal, consult our DWI defense attorneys immediately. Our legal professionals can review the police report, dashcam footage, and officer testimony to determine if the stop violated your Fourth Amendment rights against unreasonable searches and seizures.

If the stop was unconstitutional, your attorney can file a motion to suppress any evidence obtained as a result of the stop. If successful, this could lead to a dismissal of your case, as the prosecution may not have enough admissible evidence to proceed.

Can I Refuse A Field Sobriety Test In Texas?

Yes, you can refuse field sobriety tests, but refusal may result in license suspension under Texas’ implied consent law (Texas Transportation Code Section 724.011). Field sobriety tests, such as the walk-and-turn or one-leg stand, are often subjective and rely on the officer’s judgment. Factors like uneven pavement, medical conditions, or nervousness can cause poor performance even if you are sober.

By refusing a field sobriety test, you limit the evidence that the prosecution can use against you in court. However, officers may still arrest you if they believe they have enough probable cause based on other observations.

What Happens If The Officer Did Not Have Reasonable Suspicion For My Stop?

If an officer lacked reasonable suspicion, your attorney can challenge the stop in court. If the court finds the stop unlawful, all evidence obtained afterward—including breathalyzer results, officer observations, and any statements you made—may be suppressed.

This can significantly weaken the prosecution’s case and may result in a dismissal of charges. Without admissible evidence, the state may not be able to prove that you were intoxicated or that your stop was justified.

How Long Can An Officer Detain Me At A DWI Stop?

An officer can only detain you for a reasonable amount of time to conduct their investigation. If an officer prolongs the stop unnecessarily while waiting for backup, conducting an unrelated investigation, or trying to find reasons to escalate the stop, it could be considered an illegal detention under Texas law.

The U.S. Supreme Court has ruled that officers cannot extend a traffic stop beyond the time necessary to address the initial reason for the stop unless they have reasonable suspicion of additional criminal activity. If your detention was unlawfully extended, your attorney can challenge it in court.

What Should I Do If I Am Arrested For DWI In Texas?

Remain calm, exercise your right to remain silent, and contact a DWI defense attorney immediately. Anything you say can be used against you, so avoid making statements without legal representation.

If the officer reads you your Miranda rights, take them seriously. Request an attorney and avoid discussing the details of your case with law enforcement or other individuals until you have spoken with legal counsel. Your attorney can help protect your rights and build a defense strategy to challenge the charges against you.

Will Refusing A Breathalyzer Test Hurt My Case?

Refusing a breathalyzer test can lead to an automatic license suspension under Texas’ implied consent laws. However, refusing the test can also limit the prosecution’s evidence against you. If there is no breathalyzer result, the prosecution must rely on other evidence, such as field sobriety tests and officer observations, which can be challenged in court.

Your attorney can argue that the lack of chemical evidence makes it difficult for the prosecution to prove intoxication beyond a reasonable doubt. However, refusal may also lead to harsher penalties if you are convicted.

Can Police Search My Car Without A Warrant At A DWI Stop?

Generally, police need a warrant to search your vehicle. However, there are exceptions, including:

• Probable Cause: If an officer sees an open container, drugs, or other evidence of a crime, they may search your car without a warrant.
• Consent: If you voluntarily allow the officer to search your vehicle, they can do so legally. You are not required to consent.
• Search Incident To Arrest: If you are arrested, officers may search your vehicle for weapons or evidence related to the arrest.
• Vehicle Inventory: If you are arrested and your vehicle is going to be impounded, officers will document the contents of a vehicle for purposes that all property inside is accounted for, however, this is essentially a search of the vehicle and anything found can be used against you.

If an officer conducts a search without a warrant or valid exception, your attorney can challenge the search in court and move to suppress any evidence found.

What Are The Penalties For A First-Time DWI In Texas?

A first-time DWI offense in Texas is a Class B misdemeanor punishable by:

• A fine of up to $2,000
• Jail time of 3 to 180 days
• A license suspension of up to one year
• A DWI education program

If your BAC is 0.15% or higher, the offense can be charged as a Class A misdemeanor, carrying harsher penalties.

How Can A DWI Defense Attorney Help Me?

A DWI defense attorney can:

• Investigate whether the officer had reasonable suspicion to stop you
• Challenge the legality of field sobriety tests and breathalyzer results
• File motions to suppress unlawfully obtained evidence
• Negotiate for reduced charges or alternative sentencing options
• Represent you in court and fight for a favorable outcome

An experienced attorney can identify weaknesses in the prosecution’s case and develop a strong defense strategy to protect your rights.

Call Our Galveston DWI Defense Firm For A Free Consultation

If you or a loved one has been arrested for DWI in Texas, you need an experienced attorney to fight for your rights. At Mark Diaz & Associates, we understand the complexities of DWI laws and are committed to helping our clients secure the best possible outcome.

Contact our Galveston DWI defense lawyers at Mark Diaz & Associates by calling 409-515-6170 to receive your free consultation. We represent clients in Galveston, Houston, and throughout Texas. Let us help you protect your future.