The Legal Basis for DWI Stops:

• Traffic Violations: The most common reason for a DWI stop is a violation of traffic laws. This could include speeding, failure to signal, running a red light, or failing to stop at a stop sign. A simple traffic violation is sufficient grounds for an officer to pull you over, and if they suspect you are intoxicated, they may use this violation to justify the stop.
• Erratic Driving: Officers are trained to spot erratic driving behaviors, which are often indicators of impaired driving. This can include:
  • Swerving between lanes
  • Making wide turns or driving off the road
  • Drifting into other lanes or even driving on the shoulder
  • Stopping suddenly for no apparent reason If an officer sees any of these behaviors, it can create reasonable suspicion of DWI and serve as the legal foundation for pulling you over.
• Observable Signs of Intoxication: If an officer notices signs of intoxication while observing a vehicle, this can provide legal grounds for the stop. This includes behaviors such as:
  • The smell of alcohol or marijuana emanating from the vehicle
  • The driver’s inability to maintain proper lane control
  • Slow or delayed reaction times when responding to officer’s signals
  • Bloodshot eyes or slurred speech Even if the officer does not witness a traffic violation, the physical signs of intoxication can justify a DWI stop. This is an area where a trained officer’s observations can lead to the legal justification for pulling over a driver.
• Checkpoints: During certain times of the year, Galveston may host special events, such as Mardi Gras or bike rallies, where No Refusal weekends are implemented. These events often come with DWI checkpoints, where officers stop all drivers in a certain area to check for signs of intoxication. These checkpoints are legal, but they must still follow strict guidelines to avoid violating drivers’ rights.

What Happens After the Stop?

• The Officer’s Questions: After pulling you over, an officer will typically ask for your driver’s license, registration, and proof of insurance. They may also inquire about your destination or what you were doing. This is standard procedure and does not mean you’re automatically being arrested for DWI.
• Field Sobriety Tests (FSTs): If the officer suspects you are under the influence, they may ask you to perform a series of field sobriety tests. These tests are designed to assess your coordination and mental state. While you are not legally required to submit to them, refusing to take a test can be used against you in court. You have the right to refuse the tests, but doing so may raise suspicion in the officer’s eyes.
• Breathalyzer and Blood Tests: In some cases, an officer may request a breathalyzer test if they suspect intoxication. During a No Refusal weekend, officers may also take a blood sample if you refuse a breath test. Refusing a breathalyzer during such weekends can lead to immediate consequences, including a mandatory blood draw. However, these tests must still be conducted legally.

Your Rights During a DWI Stop:

• The Right to Remain Silent: You do not have to answer questions beyond providing your license, registration, and insurance. You are not required to admit that you have been drinking or consuming alcohol.
• Protection Against Unreasonable Searches: Officers cannot search your vehicle without your consent unless they have probable cause or a warrant. If they ask to search your car, you have the right to politely refuse. If you consent, anything they find can be used against you in court.
• The Right to an Attorney: If arrested, you have the right to request legal counsel. It’s crucial to exercise this right as soon as possible to ensure your defense is strong and your rights are protected.

How Zendeh Del & Associates, PLLC Can Help:

To learn more about this subject click here: What to Expect in a Texas DWI Court Case