Search and Seizures: What to Know in DWI Cases

 Posted on September 23, 2024 in DUI/DWI

Getting stopped by the police is arguably one of the worst feelings in the world. The consequences of a traffic stop can be even worse if police believe that you are driving while intoxicated. First-time DWI offenses carry harsh penalties, including possible time behind bars and the loss of your license.

If you are facing DWI charges in Houston, it is important to get the help of an experienced criminal defense attorney. Houston DWI attorney specialist Doug Murphy will make sure that you exhaust every possible argument in your defense. Many times, attacking the validity of a traffic stop, search, or seizure can be enough to defeat DWI charges. A well-qualified Houston, TX DWI attorney can help.

Traffic Stops Require Reasonable Suspicion

The Fourth Amendment to the United States Constitution offers a lot of protection to everyday citizens. Under this amendment, you have the right to be free from unlawful searches and seizures. This right also extends to other interactions with police, including traffic stops. Specifically, police cannot require you to pull over and question you whenever they want. Rather, police must have some reason to believe that you have violated the law in some way.

In Texas, police must have "reasonable suspicion" that you have broken the law in order to pull you over. Reasonable suspicion does not require that police have verifiable proof that you have broken the law. At the same time, police cannot simply rely on a gut feeling or hunch. Instead, police must be able to articulate some valid and specific reason for requiring you to stop your vehicle. This reason does not have to be incredibly persuasive. It can be considered in conjunction with other relevant circumstances at the time.

Police may be able to establish reasonable suspicion if they:

• Personally witness you breaking the law, such as by speeding, weaving between lanes, or making illegal turns.

• Watch you walk from a bar and get behind the wheel.

• Witness certain behavior that, under the circumstances, is suspicious.

For example, police may suspect that you are under the influence if you are driving your car steadily 10 miles per hour below the speed limit on a busy road. The officer has this suspicion because it is 11 o’clock at night, and you are driving away from a part of town that is heavily populated with bars. In this instance, the officer may have reasonable suspicion to believe that you are breaking the law. If, on the other hand, the officer observed this same behavior on a weekday morning in a different part of town, the fact that you were driving well below the posted speed limit may not make them suspect DWI.

The bottom line is that police must be able to explain why they pulled you over. Remember, circumstances matter. If an officer cannot articulate a valid reason for the traffic stop, the resulting DWI arrest and criminal charges may be invalid. Attacking the stop itself can help you avoid the consequences of DWI.

Contact a Houston, TX DWI Lawyer 

Murphy & McKinney Law Firm, P.C. is committed to providing the best representation possible to people who have been charged with DWI. Experienced Harris County, TX DWI attorney Doug Murphy will explore whether challenging the initial traffic stop is a possibility. Contact us at 713-229-8333 for a complimentary consultation.