Probable Cause for a DWI Arrest
Fighting Back Against Unlawful Arrests
If an officer lawfully pulls someone over on suspicion of drunk driving, that does not mean they can legally arrest the person for an offense. They must have probable cause to do so. That means they must be able to point to some concrete facts that justified their actions. If they can’t, the arrest may be deemed illegal – a violation of the protection against unlawful searches and seizures – and evidence they obtained may be thrown out at court, effectively weakening the prosecution’s case.
Creating a strategy to attack the reason for the officer stopping a vehicle can be a very powerful method of defending a DWI case. At Marsala Law Group, throughout our 10+ years of experience, our Denton attorneys have represented numerous individuals in drinking and driving matters. We know how to develop effective defenses to fight charges.
Conducting a DWI Stop and Arrest
Even if an officer had a valid reason to pull someone over for a violation, they may only keep the person for the amount of time necessary to carry out the purpose of the stop. Unless the officer believes (with reasonable suspicion) that the driver is intoxicated, then the officer must proceed to issue the ticket and release the driver.
However, if the officer has no reason to believe the driver consumed alcohol or was unfit to drive due to other impairments, then they cannot legally continue with an investigation.
Usually, the arresting officer may testify at trial with various reasons as to why an arrest occurred in suspicion of DWI, including:
- The driver smelled of alcohol
- The driver stumbled upon exiting the vehicle
- The driver had slurred speech or was fumbling with the driver’s license during removal
- The driver admitted to consuming alcohol
It is commonly seen that an officer’s testimony is mostly deemed invalid due to conflicting statements in court and the report.
We’re Ready to Protect Your Rights
If your constitutional rights were violated during a DWI arrest, speak with our Denton lawyers. We’ll review every detail of your case to develop a defense strategy tailored to your specific situation.
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!
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