Can You Get a DWI Dismissed Because of an Illegal Traffic Stop in Texas?
A DWI investigation often begins with a police officer stopping a vehicle for an alleged traffic violation or suspicious driving behavior. However, officers cannot lawfully detain drivers without an adequate legal basis. If a traffic stop violated constitutional protections, evidence obtained afterward may be subject to suppression. At The Law Office of Alex Tyra, P.C., we review the circumstances of traffic stops in Longview and throughout East Texas to determine whether officers complied with the law.
Reasonable Suspicion for a Traffic Stop
The Fourth Amendment to the United States Constitution protects against unreasonable searches and seizures. Article I, § 9 of the Texas Constitution provides related protections.
Police generally need reasonable suspicion of criminal activity or a traffic violation to conduct an investigative traffic stop.
An officer might claim that a driver crossed a lane marking, failed to signal, or committed another violation. However, the available evidence must support the legal justification for the stop.
Reviewing Police Video and Reports
We examine dash-camera recordings, body-camera footage, dispatch information, and the officer’s written account.
Video may show whether the alleged violation actually occurred. It may also reveal inconsistencies concerning the officer’s observations or the reasons for extending the detention.
An otherwise lawful stop can raise additional questions if the officer prolongs it without adequate justification.
Suppressing Unlawfully Obtained Evidence
Texas Code of Criminal Procedure Article 38.23 addresses the exclusion of evidence obtained in violation of applicable law.
When the circumstances support it, we may seek suppression of evidence resulting from an unlawful stop or detention. Suppression does not automatically guarantee dismissal, but it may substantially affect the prosecution’s ability to prove its case.
Call The Law Office of Alex Tyra, P.C. for Your Free Consultation
If you believe police stopped you without a valid reason before your DWI arrest, the legality of the stop deserves careful review. Call (903) 753-7499 for your free consultation with The Law Office of Alex Tyra, P.C.

