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What makes a DWI stop legal?

Sep 29, 2022 | DWI

When the police pull you over on suspicion of drunk driving, they must do so within the confines of the law. You are constitutionally protected from unreasonable searches and seizures by law enforcement, and the police are not supposed to stop you without valid reasons.

When this happens, it could be considered an illegal stop, and the evidence obtained may not be admissible in court. Here is more on the legality of DWI stops in Texas.

When is a DUI stop legal?

In Texas, a DWI stop is only legal if the police have reasonable suspicion of driver impairment. You could be driving at night with your lights off, speeding or driving erratically, among other traffic infractions. 

In short, the police must have sufficient legal grounds for pulling you over for the DWI stop to be legal. Keep in mind, however, that the bar is very low. Almost any traffic violation, no matter how minor, can make a stop legitimate.

What if your DWI stop was unlawful?

If you were unlawfully stopped in violation of your Fourth Amendment rights, you could petition the court to suppress or exclude the evidence obtained from the illegal stop. When this happens, the prosecution’s case can be significantly weakened, especially if crucial evidence is affected.

Your defense is key

Proving an illegal stop is easier said than done. The law can get complicated, given the fine lines between what is right and wrong. Therefore, it is crucial to have proper counsel by your side to help you get through the legal red tape involved in such cases.