Understanding a Texas DWI Traffic Stop

In Texas, law enforcement officers don’t always need a warrant to detain someone. For instance, if an officer observes someone committing a traffic violation, like speeding, failing to signal, or rolling through a stop sign, he or she can pull that person over. Once pulled over, a driver will be asked for his or her license or registration and the officer will use this opportunity to look for signs of intoxication, like the smell of alcohol, bloodshot eyes, or erratic behavior. Based on these observations, the officer may ask the driver to submit to a breathalyzer test and in some cases, could even place the driver under arrest.

Reasonable Suspicion to Detain  

Police officers cannot just pull someone over for no reason. Instead, they must have what is known as “reasonable suspicion” to detain a driver. This is more than just a hunch that the driver has committed a violation, but something more articulable to suggest that he or she has committed a traffic violation or other offense. Reasonable suspicion is a less strenuous standard than probable cause, which is necessary to justify an arrest. Once a person has been pulled over, the officer may ask a series of questions if he or she believes that the driver is intoxicated and could ask the driver to perform a field sobriety test.

Field Sobriety Tests  

Field sobriety tests falls under three main categories, including:

• The Horizontal Gaze Nystagmus (HGN) Test, which involves holding an object around 12-15 inches away from the driver’s face and moving it from side to side to measure any involuntary jerking of the eyes and different angles;
• The Walk-and-Turn Test, which evaluates a driver’s ability to maintain balance and follow instructions while taking nine heel-to-toe steps along a straight line, turning around by taking a series of small steps, and taking nine steps back; and
• The One-Leg Stand Test, in which the driver will be asked to raise his or her foot about six inches off the ground while keeping his or her arms down and holding the position for 30 seconds.

Any signs of confusion or difficulty when taking these tests could be enough to satisfy the probable cause standard, meaning that the officer can move forward with a DWI arrest.

Knowing Your Rights

It’s important for drivers to know their rights when it comes to traffic stops. These rights include:

• The right to remain silent, as drivers are not required to answer any questions beyond providing basic identification;
• The right to refuse to participate in a field sobriety test; and
• The right to refuse a breathalyzer or blood test, although doing so could come with additional legal penalties.

Police officers have to follow certain rules when making traffic stops and detaining drivers suspected of being intoxicated. A failure to follow these steps could be a violation of a driver’s constitutional rights and justify the dismissal of all criminal charges.

Reach Out to a San Marcos DWI Lawyer for Help

If you have questions about your DWI charges, setting up a meeting with an experienced San Marcos and Hays County, Texas DWI lawyer should be your next step. Get answers by calling The Law Offices of David C. Hardaway at 512-805-6613 today.

Sources:

 statutes.capitol.texas.gov/Docs/CR/htm/CR.2B.htm

tdcaa.com/resources/dwi/jessica-fraziers-dwi-case-law/v-basis-for-vehicle-stop-legal-standard/