What Is "Reasonable Suspicion" in a DWI Stop?

 Posted on October 15, 2021 in DWI

Texas police officers cannot pull over a vehicle unless they have what is called “reasonable suspicion” that the driver is breaking the law. Arguing that the officer who arrested you for DWI did not have reasonable suspicion for the initial stop is one way that a lawyer can challenge a DWI charge. If the traffic stop was illegal in the first place, any charges stemming from it are likely to be dismissed. This is a very important standard to understand in the context of DWI defense.

If you have been charged with a DWI in Texas, you will need an experienced attorney to give you the best odds of beating the charge. Texas’s DWI laws can be harsh and have a negative impact on your life for a long time.

What Does “Reasonable Suspicion” Mean?

An officer has reasonable suspicion for a traffic stop if an objective person who has observed what the officer has observed would come to the conclusion that the driver is violating a law. The officer must be able to point to observable, objective facts that led him to believe you were doing something illegal. A traffic stop cannot be based on a mere “hunch” or “gut feeling.”

This does not mean that the officer had to suspect you were intoxicated at the time of the stop. The reasonable suspicion could pertain to speeding, running a stop sign, failing to signal a turn, or any other violation. It is quite common for someone to be pulled over for something as simple as having a headlight out only for the officer to smell alcohol and ultimately make a DWI arrest.

However, there are certain facts and circumstances that may give an officer reasonable suspicion that a driver is intoxicated before the stop. An officer may reasonably suspect that a driver who is weaving or swerving, frequently changing lanes without signaling, starting to turn and then not completing the move, or going the wrong way, is intoxicated.

What if There Was No Reasonable Suspicion For My Stop?

Most likely, your charges will be dismissed. If the stop was illegal, no investigation resulting from the stop is likely to be admissible in court. Generally, if an attorney can prove that the officer who pulled you over did not have reasonable suspicion, you will not get a DWI.

Call a Collin County DWI Defense Attorney

If you are facing a DWI charge, you will need an experienced Frisco DWI defense lawyer to protect your rights and fight for a good outcome for you. Law Offices of Biederman & Burleson P.L.L.C. will examine your case for any defenses that may apply to your specific situation. Call 469-333-3333 for a free and confidential consultation.

Source:

https://www.supremecourt.gov/opinions/19pdf/18-556_e1pf.pdf