The crux of any DWI case is determining whether the officer who pulled
you over had probable cause. Legally, an officer must have enough evidence
to have a reasonable suspicion that an individual is committing or about
to commit a crime. In order for an officer to legally pull you over to
arrest and charge you with a DWI, he or she must have probable cause.
In this blog, our
Dallas DWI attorney explains how probably cause can impact a DWI case.
Bad Behavior Can Count as Probable Cause
An officer’s observations don’t end once you’re pulled
over. Your driving behavior was a preliminary trigger in establishing
probable cause, but your behavior in the interactions you have with the
officer will be observed, usually in an attempt to continue gathering
evidence for additional offenses. For example, a routine traffic stop
such as running a stop sign can turn into a DWI arrest if the officer
smells alcohol coming out of your car – that’s enough probable
cause to arrest and charge you.
Probable Cause Does Not Cover Routine Traffic Stops
A police officer cannot use a routine traffic stop to launch into investigations
for a bigger offense. For example, if you are pulled over for running
a red light, an officer cannot search your trunk unless he or she can
prove that there is probable cause and reason to believe that you are
hiding weapons in your car.
No Probable Cause? You Can File a Motion to Suppress
If you have reason to believe that the officer did not have probable cause
to arrest and charge you with a DWI, you and your attorney can file a
motion to suppress, which can result in the entire case being thrown out.
In these types of cases, your choice in representation is extremely crucial
– it’ll be your word against the officer’s word, which
can be very difficult to argue and prove.
Dallas DWI Attorney Peter Barrett is solely dedicated to helping clients combat the allegations they face.
When you come to our firm, you can trust that we will work tirelessly
to safeguard your future and freedoms.
Call (214) 307-8667 today to request a free consultation.