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When Can Police Pull You Over and Arrest You for DUI?
The Fourth Amendment to the U.S. Constitution provides protection from unreasonable search and seizure. Police officers in Texas and the U.S. must follow certain standards when pulling a driver over on suspicion of driving under the influence (DUI) or driving while intoxicated (DWI). To legally initiate a DUI traffic stop, law enforcement must have reasonable suspicion or probable cause to do so, based on observed circumstances or facts.
Reasonable Suspicion
Police officers have a legal right to initiate a traffic stop if they have reasonable suspicion that a driver is committing a traffic violation or another crime, such as driving under the influence of alcohol or drugs. Reasonable suspicion is a lower standard than probable cause. Examples of driving behavior that could give rise to reasonable suspicion for a traffic stop include:
- Speeding
- Driving well below the speed limit
- Driving without headlights at night
- Running red lights or stop signs
- Swerving or weaving on the road
- Braking or accelerating suddenly or other erratic driving behavior
- Smell of alcohol or drugs coming from the vehicle or other signs of impairment
- Anonymous tips from other motorists
Probable Cause
During a traffic stop, police officers may find they have probable cause to believe the driver is under the influence of alcohol or drugs and make an arrest. Probable cause is a higher standard than reasonable suspicion. It requires facts and circumstances that would cause a reasonable person to believe a crime is being or has been committed, such as:
- Signs of impairment (slurred speech, bloodshot eyes, difficulty maintaining balance, or the smell of alcohol)
- Open containers or drug paraphernalia in the vehicle
- Admission of consuming drugs or alcohol
- Field sobriety test performance indicating impairment
- Preliminary breath test results indicating elevated blood alcohol concentration (BAC)
What Are the Penalties for DUI in Texas?
Texas law imposes strict penalties for driving while intoxicated. As stated by the Texas Department of Transportation, potential penalties for DWI include:
- First offense: Mandatory minimum of three days and up to 180 days jail time, a fine of up to $2,000, and driver’s license suspension for up to one year.
- Second offense: One month to one year in jail, a fine of up to $4,000, and driver’s license suspension for up to two years.
- Third offense: Prison term of two to 10 years, a fine of up to $10,000, and driver’s license suspension for up to two years.
What Should You Do If You Have Been Drinking and Get Pulled Over for DUI?
A DUI conviction can have serious consequences. If you are pulled over, it is crucial to remain calm and cooperative and, at the same time, protect your rights. Focus on the following points in a DUI traffic stop:
- Pull over safely: When officers signal you to stop, slow down gradually, use your turn signal, and pull over to a safe location on the right side of the road as soon as you can.
- Be polite and respectful: When police approach your vehicle, stay calm and be polite. Keep your hands visible on the steering wheel and provide your license, registration, and proof of insurance when the officer instructs you to do so.
- Exercise your right to remain silent: If police officers begin questioning you, state calmly and respectfully that you are invoking your right to remain silent. Do not try to explain yourself or make any incriminating statements, such as admitting to consuming alcohol.
- Request an attorney: If you are taken into custody, ask to speak with a lawyer as soon as possible. An experienced DUI defense attorney can help protect your rights and provide vital legal guidance.
- Cooperate with chemical testing: If you are arrested for DWI, you may be asked to submit to a breathalyzer, blood, or urine test, either at the police station or at a medical facility. Refusing chemical tests could lead to license suspension and other penalties.
- Document the traffic stop: Write down significant details about the traffic stop, including the date, time, and location, and the actions of the officers involved.
- Consult with a DUI defense attorney: Your best chance of obtaining the most favorable outcome after a DUI traffic stop and arrest is to have an experienced criminal defense lawyer managing your case. Your attorney can give you legal guidance, advise you on your options, and tailor a defense strategy to your situation.
What Are the Possible Defenses Against DUI Charges?
Your DWI defense strategy will depend on the specific circumstances of your case. Common legal defenses against charges of driving under the influence include:
- Challenging the traffic stop: A DUI traffic stop may be deemed illegal, and evidence may be suppressed if law enforcement does not have reasonable suspicion to pull you over.
- Questioning the officer’s observations: Your attorney may challenge a police officer’s subjective observations and provide alternative explanations for your behavior, appearance, or performance.
- Challenging field sobriety tests: Results of roadside field sobriety tests can be influenced by various factors, including environmental conditions, such as uneven pavement or inclement weather, and health conditions, such as arthritis, vertigo, and balance problems.
- Challenging chemical test results: Your DUI defense attorney may challenge the reliability or validity of chemical testing based on procedural errors, equipment failure, or other factors.
At Enrique Ramirez Law, PC, we have over three decades of experience defending clients against criminal charges, including DWI. We are resolute advocates who will fight for the best possible outcome in your case. Contact us today at 713-649-3100 for a free consultation with an experienced DUI defense attorney.
