Probable Cause and DWI in Texas

Being charged with DWI is overwhelming. Cases are often complicated and confusing which can amplify anxiety about the outcome of a trial. An accomplished attorney will study your case, particularly when it comes to two related points: reasonable suspicion and probable cause. If there is insufficient evidence to prove either of these, your attorney may file a Motion to Suppress.

What is reasonable suspicion?

In order to pull you over for DWI, law enforcement must have reasonable suspicion. This means the officer must have a justified belief that criminal activity is happening. To prove this in a court of law, the officer must be able to point to specific facts, not feelings. These might include crossing the centerline, speeding, or driving erratically.

What is probable cause?

When you are pulled over for DWI, law enforcement must have reasonable suspicion to make the traffic stop, but they must have probable cause to make an arrest. This means the officer must be able to cite evidence and facts in a court of law, typically blood alcohol content (BAC) exceeding the state limit of 0.08%. Sometimes more subjective facts are considered, like smelling alcohol on your breath or recognizing signs of intoxication.

What is a Motion to Suppress?

The burden is on law enforcement to provide enough evidence to prove either reasonable suspicion or probable cause. Each case is different, and your attorney should consider all the facts. Once you are arrested, your attorney may file a Motion to Suppress meaning a judge will hear the evidence and determine if it is insufficient. If so, your case could be dismissed.

Given the complexities of DWI cases, working with an experienced lawyer is in your best interest. Ken Gibson has tried many challenging DWI cases. Read about his case results here.

If you have been arrested for DWI in Texas, schedule a free review of your case today.


Call (512) 469-6056 or Schedule a Free Case Evaluation Online

Contact Us

Scroll Back to Top