You may be nervous or breathing heavily when you see a police car tailing you. You may be thinking, what have you done wrong? Well, calm your nerves because stopping your car is just them doing their part of their jobs.
When suspected of DWI, police must find probable cause to stop a vehicle. You may be thinking of immediately calling your DWI attorney. But even before that happens, you must ensure that you are pulled over for the right reasons. If you are from Dallas TX, what constitutes probable cause?
What Is Probable Cause?
Probable cause means that a law enforcer has a viable and lawful reason to suspect that you are driving while impaired or under the influence of alcohol or drugs. Common examples of probable cause for a police officer to stop you include:
- Visible signs of having trouble keeping in the right lane, such as drifting or swerving.
- Sudden change in speed; driving below or above the speed limit.
- Exhibiting alertness issues such as driving without using your headlights, making an unexpected stop, or signaling incorrectly.
- Displaying bad judgments, including tailgating, fighting with another driver, or unsafely stopping after a police warning light.
If you have already been stopped, there is probable cause to believe that you have been drinking if:
- Evident alcohol odor from your car or your breath.
- Bloodshot or cloudy eyes.
- Unsteady speech.
- An admission of drunkenness.
- Failed field sobriety tests.
- Failed initial breathalyzer test.
What Is The Importance Of Probable Cause?
Before the police can search, make an arrest or get a warrant, they must demonstrate probable cause, which is a requirement of the Fourth Amendment. If there is reason to believe there has been a crime, or if there is proof of the possibility of one, the authorities may pull you over or arrest you for DWI.
The Fourth Amendment requires that an arrest is supported by probable cause. The full scope of the circumstances, or what the arresting officer knows or reasonably thinks at the time of the arrest, determines whether there is probable cause. For this reason, the defense you and your DWI attorney will make depends strongly on the probable cause explained by your arrest officer.
Probable Cause For DWI Checkpoints In Dallas TX
Dallas TX law permits DWI checkpoints, but only with certain requirements. They must be advertised beforehand, and law enforcers cannot pull every passing car. To determine their procedure, they must employ a logical formula or wait until a driver’s actions provide them with probable cause.
If the police have stopped you, they cannot make you take a breathalyzer or field sobriety test unless they have probable cause to believe you are driving under the influence. It would be unlawful for police to subject you to any testing if there are no indications that you are intoxicated.
When the police have pulled you over at a DWI checkpoint, you should always be courteous to avoid raising suspicion. Remember that you have no obligation to allow them to search your vehicle, and to provide any information regarding your activities before arriving at the checkpoint. If you think you may worsen your situation, it is best to remain silent or wait for your DWI attorney to arrive.
DWI Attorney Defense Against Probable Cause
If you are facing arrest in Dallas TX, for DWI, you need a DWI attorney looking out for you because the consequences in DWI lawsuits are high. The skilled attorneys at The Medlin Law Firm will fight to assist you in avoiding these grave repercussions.
Upon arrest for drunk driving, call The Medlin Law Firm, and they are always available to explain the Dallas TX laws regarding DWI to you. Make an appointment for your initial consultation right away.
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The Medlin Law Firm
2550 Pacific Ave #866
Dallas, TX 75226
(214) 888-4810