DWI is a very expensive allegation. If you are convicted, then you face being assessed thousands of dollars in fines, court costs, administrative surcharges, increases in your car insurance (as well as being required to maintain SR-22 insurance during the time that you have an occupational drivers license), education courses, Victim Impact Panel classes, restitution, as well as time spent performing community service and other conditions required if you are granted community supervision (probation) by the judge rather than a jail sentence.
Texans' love of football is legendary. Texans' love of drinking while watching football may be a close second. According to the Texas Department of Transportation (TXDOT), the number of people driving while intoxicated sharply increases during football season 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.
During the recent Texas legislative session, multiple drunk driving bills were introduced - and rejected.
The Texas State Trooper had reasonable suspicion to stop the defendant for DWI, even though the trooper did not personally observe any signs of intoxication, where citizen called 911 and reported that the defendant was intoxicated, caused a disturbance at a bar, and had departed the bar in the vehicle. The information provided by the 911 caller was sufficiently corroborated by the trooper, including the vehicle's description, license plate number, and travel route. Importantly, the "trooper inquired into the reliability of the 911 caller and confirmed that the 911 caller, by giving his name and address, had put himself in a position to be held accountable for his intervention."
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).
If you are pulled over in Collin County or Grayson County, or virtually and other county in North Texas and the police officer smells alcohol on your breath there is a better than not chance he or she is going to do an investigation as to whether they can find probable cause that you are intoxicated. Why? Well, some officers have good intentions to try to keep the roads safe.
If you are pulled over for an offense and an officer smells alcohol on your breath in Allen, Texas then there is a good chance that the officer will ask you to submit to some Standardized Field Sobriety Tests. Those tests are for the officer to be able to justify that he had probable cause in order to arrest you for DWI.
Collin County's courthouse is located in McKinney, Texas. If you are pulled over after having a couple of drinks and the police officer smells alcohol in one of Collin County's cities, like McKinney, Plano, Frisco, Allen, etc. than you will likely be asked to perform a series of tests. The police officer may tell you that he or she is making sure that you are OK to drive, and that may be the case. However, in my experience he is simply trying to build evidence for the State to use at trial to show you were intoxicated.
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.