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Probable Cause & Your DWI Stop


Probable cause plays a critical role in every criminal arrest, including when law enforcement charges drivers with drunk driving. Below, we take a look how law enforcement substantiates probable cause during a DWI stop and what can be done following an arrest to challenge the state’s case against you.

What is Probable Cause?

Probable cause is observable evidence that a crime has been committed, is being committed, or is about to be committed. So, for example, if police officers hear gunshots inside a home, they likely will have probable cause to enter that home and respond to the incident even though they do not have a warrant.

When it comes to drunk driving, probable cause can be established in a number of different ways. Sometimes it is established as officers observe an actual vehicle on the road and other times it is established when officers pull over drivers due to other traffic infractions.

Probable cause in a DWI case can include:

  • Slurred speech
  • The odor of alcohol (or drugs)
  • Erratic or reckless driving
  • Open containers visible in the car
  • Admissions of drinking from the driver
  • A traffic accident

Once an officer observes any of these things, they may continue to investigate the driver and ask them to cooperate with a breathalyzer or blood test.

When Probable Cause Is an Issue

There are a very specific protocols officers must follow to establish probable cause and collect evidence during a DWI stop and, when these protocols aren’t followed, it could mean that the traffic stop was unlawful.
For example, a single, minor traffic violation (broken tail light, rolling through a stop sign, etc.) does not give an officer probable cause to investigate a driver for drunk driving.

When there is not sufficient probable cause for a DWI arrest, it means that the driver’s constitutional rights have been violated and evidence against them can be suppressed. That is why it is so critical that, before you accept a guilty plea, you have your case examined by a capable Houston DWI defense attorney familiar with probable cause issues.

Have you been arrested for DWI? If so, we invite you to contact us at Tyler Flood & Associates today. Attorney Flood is a Board Certified Houston DWI lawyer who has dedicated our entire firm to DWI defense. We know what it takes to challenge these charges and ensure that our clients’ rights are protected both in and outside the courtroom.

Do not hesitate to start exploring your legal options.
Contact us at (713) 224-5529 today. We are available 24/7.

Client Testimonials

  • 5 Stars
    "Tyler and his team are top notch—with years of experience under their belts they know what strategy will work to advocate for the best possible outcome. They are knowledgeable, professional, and courteous. Like a doctor, you never know you hire a bad attorney until it’s too late, and don’t take a gamble and retain someone else, especially when the clock starts running quickly, once you are arrested for a DWI. Run, don’t walk, to retain Flood and Associates!"
    - Alyssa S
  • 5 Stars
    "So. I can't say enough about Tyler Flood and Associates! BRAVO!! I had a 3rd DWI and my daughter Googled Tyler & Co. Who are DWI SPECIALISTS! I set up an appointment, and was impressed with their knowledge on the Laws and Science of DWI cases! Hank👍💥💥💥💥💥👌"
    - Hank Baerga
  • 5 Stars
    "Tyler Flood did an excellent job in taking care of my situation when no other attorney could do so. He kept communication open by way of text messages and phone calls, I was inform in every step along the way and he represented me well in court. His assistant Andrea was very quick in responding to my emails, I felt comforted by their genuine concerns of my case. Highly recommended"
    - Tamra Elwell
  • 5 Stars
    "Tyler Flood and associates are an astronomical team. Tyler was aggressive when needed to be and very professional during my trail. He left no stone unturned. I highly reccomend Mr. Flood if you ever find yourself in a situation such as myself. The not guilty verdict for a dwi was the best! "
    - Magaly
  • 5 Stars
    "Great experience under terrible circumstances...when your future is at risk, the attorney you chose could decide your fate..Flood & associates took my case personal...I felt I was represented by family...highly recommend Tyler to everyone!"
    - Brent
  • 5 Stars
    "I personally want everyone to know, this is the best law firm for dui issues! They are professional and responds all the time, communications between the office and myself was on par at all times and bottom line. MY CASE WAS DISMISSED!!!"
    - TW David C.
  • 5 Stars
    "Tyler did a great job for me. I never felt like he wanted me to settle. In fact he would encourage me to hang in there and go to trial. In the end my DWI was dismissed the day of trial. I would definitely recommend them."
    - Robin
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  • Texas Criminal Lawyers Association
  • Harris County Criminal Lawyers Association
  • DUI Defense Lawyers Association
  • The American Chemical Society
  • National College for DUI Defense
  • Best DUI Lawyer
  • National Association of Criminal Defense Lawyers
  • Texas Criminal Lawyers Association
  • Harris County Criminal Lawyers Association
  • DUI Defense Lawyers Association
  • The American Chemical Society
  • National College for DUI Defense
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