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DWI Search And Seizure Real Representation for Real People

DWI Searches and Seizures

Defending Against Constitutional Rights Violations in Denton County

The Fourth Amendment to the U.S. Constitution affords every individual the right to be secure in their person or property. This means that, if law enforcement officials suspect someone of committing an offense, they cannot simply stop and search that individual. They must have either a warrant or probable cause to do so. If they fail to follow proper procedures, they may have violated constitutional protections, and any evidence they obtained may be inadmissible in the case.

If you were subject to an unlawful search and seizure, contact Marsala Law Group at (940) 386-6848. Our Denton lawyers will discuss your legal options during a free consultation.

Constitutional Protections and DWI Cases

The Fourth Amendment protection applies to DWI matters. However, in these types of cases, police generally don’t need a warrant to stop someone or conduct a search of their person or property. They do need either probable cause of permission to take such action, though.

Probable cause means that the police officer had some justifiable reason to pull someone over and/or arrest them. Their actions cannot be based on a hunch. For instance, if an officer sees a person leave a bar and start driving home, they cannot assume that the individual is drunk driving just because of this observation. However, if the driver runs a red light, the officer has probable cause to conduct a stop because the individual committed a traffic violation.

Just because the officer had a valid reason to stop the driver, that does not mean that they have one to arrest them. Again, they must have justifiable grounds to take the person into custody. They may gather evidence to support their decision to arrest the driver by subjecting them to field sobriety tests or observing their behaviors, such as slurred speech or an inability to focus.

During a traffic stop involving a possible DWI, an officer does not necessarily need a warrant to conduct a search of the vehicle. If the driver gives consent or the officer sees something inside the car suggesting that a crime has been committed, they can lawfully look through its contents.

Was Your Stop and Arrest Lawful?

If you believe you were subject to an unlawful search and seizure, reach out to Marsala Law Group. We’ll thoroughly examine your circumstances to determine your legal options. If your constitutional protections were violated, we’ll submit motions to have the evidence thrown out, which can weaken the State’s case against you.

For skilled defense in Denton County, call our attorneys at (940) 386-6848 or contact us online.

Our Victories

Recent Case Results
  • A.G. – Denton Misdemeanor Assault Family Violence Not Guilty

    State presented seven eye-witnesses to dispute our claim of self-defense.

  • A.P.G. – Denton Aggravated Sex Assault of Child & 3 Counts of Indecency with a Child Not Guilty - Jury Trial
  • C.D. – Denton Felony Violation of Protective Order Case Dismissed

    Dismissed and we are now suing the arresting agency.

  • Dr. J.B. – DWI with Multiple Drug Charges Cases Dismissed

    All drug cases dismissed as well as a subsequent DWI while the client was on Probation.

  • Dr. R.C. – Tarrant DWI Not Guilty
  • E.D.M. Denton Felony Assault with Priors Reduced to Misdemeanor Time-Served

    Charge reduced; client served one day in jail.

  • E.H. – Denton Misdemeanor Assault Family Violence Case Dismissed
  • H.R. – Denton Felony Aggravated Assault Not Guilty

    Not guilty verdict despite 3rd party-eye witness who testified my client went out to his car and grabbed a tire iron and chased after the victim and beat him repeatedly over the head. This is self-defense at it's finest.

  • J.G. - Denton Felony Drug Charge Case Dismissed

    Dismissed due to invalid search.

  • J.P. – Dallas Felony Indecent Exposure Case Dismissed

    Original offer was 5 years in prison. After our investigation prior to trial, we discovered enough inconsistencies to convince the DA to dismiss!


The Marsala Law Group Difference

Reasons to Choose Our Team
  • Honest Legal Counsel

    We firmly believe honesty is the best policy. Our team will provide you with transparent updates and realistic outcomes.

  • Personalized Attention & Service

    Each case and each client is different. We provide focused representation that is specific to your case and your needs.

  • Available 24/7 for You

    Our lead attorney is personally available to each and every client. We are there for you day or night.

  • We Care About the Outcome

    We truly care about each and every client. We understand this is a vulnerable time in your life and we are committed to being with you every step of the way.

Trusted Representation

Real Reviews from Former Clients
    Listens. Works for you. Fights for you.

    “You can trust him with your future.”

    - Jonathan M.
    This attorney really cares about his clients and the outcome of their case.

    “I have personally seen him go the extra mile for myself as well as others and he has a talent for getting the truth heard, even when it seems impossible.”

    - Paul S.
    He is the epitome of a professional and a magician in the courtroom.

    “I would recommend him to anyone asking about anything.”

    - Chris
    I can't praise him enough and I thank God for him.

    “Mr. Marsala is a fantastic lawyer he is very professional and gave me hope where there wasn't none.”

    - Cathy F.
    He always handles everything with professionalism, speed, compassion, and like we are the most important case in his life.

    “We feel indebted to him for all of his hard work and would recommend anyone to him.”

    - Friddle

Schedule a Free Consultation Today

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