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Posts tagged "driving while intoxicated"

Arrested for DWI in Texas

Being arrested for Driving While Intoxicated (DWI) in North Texas can be horrifying.  Most of the time you are pulled over for some small technical reason, and the police officer asks you how much you have had to drink before conducting a DWI investigation.  After the police officer asks you for your license and registration, they typically ask you to perform a series of tests which quite frankly, are set up for you to fail.

Driving While Intoxicated in Texas

Driving While Intoxicated in Texas (or DWI) is probably one of, if not the most arrested offenses in the State.  In order for the police officer to make an arrest, the cop only has to have probable cause in order to take you to jail.  In other words, the cop has to be able to testify that he probably believed that you had lost the normal use of your mental or physical faculties (i.e. that you were intoxicated).

DWI Stop for Reasonable Suspicion of a Traffic Violation

The Court of Fort Worth in Reed v. State, heard a case on appeal where the State's reasonable suspicion to stop the defendant for DWI based, in part, on the time of day and an area of the city that the defendant was coming from.  "Here the [officer] not only testified that he had stopped the defendant because of her driving violations, but also because he had suspected that she might be intoxicated based on the time of day, the area of the city she was coming from, and his experience with intoxicated drivers exhibiting similar characteristics of driving...[T]he totality of circumstances surrounding the stop support a reasonable suspicion that Reed was driving while intoxicated.

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