Probable Cause for DWI Arrest in Denton, TX
Creating a strategy to attack the reason for the officer stopping a vehicle can be a very powerful method of defending a DWI case.
Even if the officer had a valid reason to make the stop for a violation, the officer 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 had been consuming 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 in the report.