Criminal Defense

Understanding Probable Cause in Texas: Your Rights During Arrest

Posted on by Tom Storm
When facing an arrest in Texas, especially for charges such as a DWI, understanding probable cause and your rights is crucial. At Zendeh Del & Associates, PLLC, Galveston’s top rated criminal defense law firm, we ensure our clients fully understand their legal protections.

Table of Contents

  • What Is Probable Cause for an Arrest in Texas?
  • Probable Cause and DWI Arrests
  • Common Examples of Probable Cause in DWI Arrest Situations
  • Your Rights During a DWI Arrest
  • What to Do if You Believe There Was No Probable Cause for Your Arrest

What Is Probable Cause for an Arrest in Texas?

Probable cause refers to the legal standard law enforcement must meet before making an arrest. It means officers must have a reasonable belief, based on observable facts or circumstances, that a crime has been committed.

Probable Cause and DWI Arrests

In Texas, a DWI arrest typically occurs after an officer observes behavior or evidence that reasonably indicates a driver is intoxicated. Probable cause is crucial here; without it, your arrest may be unlawful.

Common Examples of Probable Cause in DWI Arrest Situations

During a DWI arrest, probable cause often includes:
  • Erratic driving behaviors (swerving, speeding, running stop signs)
  • Visible open containers of alcohol in the vehicle
  • Failure or poor performance on field sobriety tests
  • Admission of drinking or drug use
  • The smell of alcohol or marijuana from the vehicle
These observations, among others, can legally justify a DWI arrest.

Your Rights During a DWI Arrest

Knowing your rights during an arrest can significantly impact your case:
Right to Remain Silent During Arrest
You do not have to answer questions during your arrest, especially those that may incriminate you in a DWI arrest.
Right to Refuse Field Sobriety Tests During Arrest
You can legally refuse field sobriety tests, which are often subjective and can strengthen the officer’s probable cause.
Right to an Attorney During Arrest
Immediately requesting an attorney during your arrest can protect your legal interests and limit self-incrimination.
Right Against Unreasonable Searches During Arrest
Unless officers have clear probable cause, a warrant, or your explicit consent, searches during your arrest might be challenged.
Right to Challenge the Arrest
If you believe your arrest lacked probable cause, you have the right to challenge its validity through your attorney.

What to Do if You Believe There Was No Probable Cause for Your Arrest

If you feel your DWI arrest occurred without valid probable cause:
  1. Document the Details: Write down everything you remember about the circumstances of your arrest.
  2. Contact a Lawyer Immediately: Engage a skilled criminal defense attorney to evaluate the legality of your arrest.
  3. Challenge the Arrest: Your lawyer can file motions to suppress evidence obtained without proper probable cause.

Zendeh Del & Associates, PLLC – Your Defense Against Unlawful Arrest

Facing a DWI arrest is challenging, but you’re not alone. Our attorneys at Zendeh Del & Associates, PLLC have successfully represented numerous individuals arrested without valid probable cause.
Contact us 24/7 to protect your rights:
📞 (409) 740-1111
🌐 www.GalvestonJustice.com
Galveston County trusts us to defend against unlawful arrests and protect your future.