Traffic stops and DWI (Driving While Intoxicated) investigations in Texas are governed by specific legal standards. Law enforcement officers must have probable cause to initiate a traffic stop and conduct a DWI investigation. In this article, we will delve into the types of probable cause necessary for police in Texas to make a traffic stop and initiate a DWI investigation, helping both drivers and law enforcement officers understand their rights and responsibilities.

Traffic Stop Probable Cause

1. Traffic Violations: One of the most common reasons for a traffic stop in Texas is the observation of a traffic violation. This can include speeding, running a red light, failing to yield, or any other breach of traffic laws. When an officer observes a violation, it serves as sufficient probable cause to initiate a traffic stop.
2. Equipment Violations: Law enforcement officers can stop a vehicle if they observe equipment violations, such as broken taillights, missing license plates, or non-functioning headlights. These violations provide probable cause for a traffic stop.
3. Suspicion of Criminal Activity: Officers may have reasonable suspicion of criminal activity unrelated to traffic violations, such as suspicion of drug trafficking, and use this as probable cause for a traffic stop. However, the suspicion must be based on specific and articulable facts.

DWI Investigation Probable Cause

1. Observations of Impairment: When a law enforcement officer observes signs of impairment in a driver, such as erratic driving, slurred speech, or the smell of alcohol or drugs, it can provide probable cause to initiate a DWI investigation. These observations may lead to field sobriety tests.
2. Failed Field Sobriety Tests: If a driver fails field sobriety tests, such as the Horizontal Gaze Nystagmus (HGN) test, Walk-and-Turn test, or One-Leg Stand test, the officer has further probable cause to believe that the driver is operating a vehicle while impaired.
3. High BAC Levels: If a driver submits to a breathalyzer test and registers a blood alcohol concentration (BAC) level of 0.08% or higher, which is the legal limit in Texas, this constitutes probable cause for a DWI arrest. Additionally, a BAC level below 0.08% can still lead to a DWI arrest if the officer believes the driver’s impairment is due to alcohol or drugs.
4. Refusal to Submit to Testing: In Texas, drivers are subject to implied consent laws, meaning that by obtaining a driver’s license, individuals agree to submit to chemical testing upon arrest for DWI. If a driver refuses to take a breath or blood test, the officer may still arrest them based on probable cause and seek a warrant for a blood test.
5. Combination of Factors: Officers often rely on a combination of factors to establish probable cause for a DWI arrest. These may include observations of impairment, failed field sobriety tests, the smell of alcohol, and erratic driving behavior.

Challenging Probable Cause

It’s essential for individuals facing a DWI arrest to understand their rights and the basis for probable cause. If a person believes that the stop and subsequent arrest lacked probable cause or was conducted unlawfully, they have the right to challenge the arrest with the help of an experienced criminal defense attorney. A skilled attorney can review the circumstances of the arrest, evidence, and procedures followed by law enforcement to determine whether there were any violations of rights.

In Texas, law enforcement officers must establish probable cause to initiate a traffic stop and conduct a DWI investigation. This ensures that traffic stops and DWI arrests are conducted legally and fairly. Understanding the types of probable cause that can lead to a traffic stop and DWI investigation is crucial for both drivers and law enforcement officers, helping to uphold the rights of all parties involved in these interactions. If you find yourself facing a DWI charge, consulting with a knowledgeable attorney is essential to protect your rights and build a strong defense.

If you or a loved one is grappling with a DWI charge in Texas, understanding the vast landscape of potential consequences is essential. Navigate these turbulent waters with expert guidance.

Contact The Law Office of Alex Tyra, P.C.

The Law Office of Alex Tyra, P.C.
211 E. Tyler Street #521
Longview, TX 75601
Phone: (903) 753-7499

Your future deserves more than just a legal defense; it demands a holistic approach to protection and representation. Let us stand beside you in this crucial moment.