1417 E. McKinney Street, Suite 110,
Denton, TX 76209

Schedule a Free Consultation | 
Se Habla Español

940-386-6848

Texas Search and Seizure Laws for DWI

DWI Search and Seizure | Marsala Law Group

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.

Schedule a Free Consultation
Our Team Is Available 24/7 for You
To speak with a member of our team about your circumstances, call 940-386-6848 or submit an online contact form.
Back to Top