Understanding Probable Cause in a DWI Arrest A DWI arrest in Texas requires the arresting officer to have “reasonable suspicion” to initiate contact with the driver. Reasonable suspicion justifies the legality of the initial stop, which can be based on a traffic violation, observations consistent with intoxicated driving as defined by the National Highway Transportation Safety Administration, information from a caller, or a community caretaking doctrine check on an individual’s well-being.
In Pearland DWI traffic stops, the odor of alcohol is often cited by officers to justify further investigation. At this stage, the officer aims to establish “probable cause” for an arrest. In Texas, “probable cause” is not strictly defined, but it is generally understood as a set of facts and circumstances that would lead a reasonable and prudent person to believe that a crime has been committed or is about to be committed.
The officer gathers this probable cause through questioning, visual observations, evaluating a driver’s performance on Field Sobriety Tests, and the results of breath tests. As a Pearland DWI attorney, I strongly recommend refraining from disclosing your whereabouts or alcohol consumption to the officer. I also advise against taking Field Sobriety Tests or providing breath or blood samples, as these tests can be flawed.
A DWI conviction in Texas remains on your record permanently. Unlike some states where prior DWI/DUI convictions may not be used to enhance charges after a certain period, in Pearland DWI arrests, any past DWI conviction will be considered when determining the charges.
What does this mean? If you plead guilty to a DWI now and face another DWI 20 years later, it will be treated as a DWI-2nd. If you accumulate a third DWI, it becomes a felony. As a Pearland DWI attorney, I have seen this scenario unfold. Unfortunately, even if a case is later dismissed or results in a not guilty verdict at trial, the stress and life-altering impact of facing a felony conviction persist. No one plans to get another DWI, but it can happen. This underscores the importance of retaining a knowledgeable Pearland DWI attorney to represent you during your case.