Probable Cause in Texas DWI Cases
A police officer needs more than a vague hunch to pull you over and arrest you for driving while intoxicated (DWI). In the state of Texas, law enforcement must have a reasonable suspicion that a traffic violation occurred and probable cause that you were driving under the influence of alcohol or marijuana.
Know Your Rights
The United States Constitution protects you and your loved ones against illegal search and seizure. The Fourth Amendment requires that a reasonable suspicion must be established before a police officer can intrude your privacy.
When it comes to a DWI, examples of reasonable suspicion are: swerving between lines, speeding, making illegal turns, running a red light, driving on the shoulder of the road, or almost causing accidents with other drivers.
After you have been pulled over, if an officer sees an open container in your car, smells alcohol on your breath, or notices slurred speech and bloodshot eyes, the officer now has probable cause to start an investigation. He or she can then issue you a breathalyzer test to check your Blood Alcohol Concentration (BAC). In the state of Texas, you will be arrested if your BAC is over .08.
What To Do Next
If you have been arrested for DWI in Texas, you need an attorney who will protect your rights and successfully defend you against these charges. Attorney Ken Gibson is an experienced DWI defense attorney in Austin, Texas. You can trust him to work tirelessly on your behalf and be there for you every step of the way. He will challenge the prosecution’s case and get these charges dismissed or reduced.
Get the protection you need. Call attorney Ken Gibson today.