Almost every DWI case begins with the traffic stop. You’re driving home when you see lights in the rearview mirror, so you pull over to the side of the road. The officer knocks on your window, and before you know it, you’re in handcuffs being taken to the station.
But was the stop legal in the first place? Police don’t have the right to harass people. Instead, their powers are limited to investigating possible crimes. If police stopped you unlawfully, then what comes after is also illegal—including charges for DWI.
Our Houston DWI attorney always reviews the legality of his client’s traffic stops. Please contact us to learn more.
Fact: Police Need Reasonable Suspicion to Stop You
Police can’t stop people on a whim in Texas. Instead, they need what’s called reasonable suspicion that a crime is being committed. This suspicion requires facts that the office can clearly articulate to another person. That means pointing to something and not simply relying on a “hunch.”
Officers typically stop people for traffic violations, such as:
- Blown headlights
- Missing plates
- Vehicle swerving
- Speeding
- Driving too slowly
Fact: A Stop Must Not Be Longer than Necessary
Once an officer stops you, they can ask questions related to the reason why they stopped you. For example, if your car is missing plates, they can ask if you know that fact or if the car is new.
The stop should not last longer than necessary for the officer to deal with the reason why they stopped you. They can’t use the stop as an excuse to start digging through your car—unless they have a reason to.
Fact: Police Can Discover Your DWI While Talking to You
Most stops are not for suspected DWI. However, while talking to you about your blown headlight or missing plates, the officer might see an open beer can on the floor, or they smell alcohol on your breath. Other telltale signs of drunk driving include red eyes or slurred speech.
At this point, the officer can shift the focus to a possible DWI. The officer can try to gather more information, which is why they might ask you to take field sobriety tests.
Your Rights During a Stop
Motorists have many rights, including:
- You have a right not to be searched unless the officer has reasonable cause. This is a higher standard than reasonable suspicion. The officer usually requests field sobriety tests to have the necessary probable cause that you are drunk.
- You can refuse to take a chemical test. You are not required to blow into a breathalyzer, though there are consequences for declining.
- You can’t be arrested for being argumentative or calling the officer names. However, an officer will probably try harder to come up with a reason to arrest you if you are verbally aggressive.
- You have a right to record the encounter with the police.
- You have the right to remain silent. You’ll need to identify yourself and hand over license and registration, but you have no obligation to speak beyond that.
Need Help with Houston DWI Charges?
Contact Us for Immediate Assistance
Tad A. Nelson is an experienced Houston DWI lawyer. He has won many cases by convincing a judge the initial stop lacked reasonable suspicion. Call us at 281-502-2122 today to schedule a meeting.
