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Probable Cause For DWI Arrest Real Representation for Real People

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.

Let us know what happened during your driving while intoxicated arrest. Call (940) 386-6848 or submit an online contact form today.

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.

Schedule a free consultation by calling (940) 386-6848 or filling out an online contact form.

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!

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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
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Schedule a Free Consultation Today

Our Team Is Available 24/7 for You Call (940) 386-6848 or fill out the form below. 
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