The Woodlands DWI Lawyer

If a police officer sees you leaving a bar in such a hurry that you leave a cloud of dust does that give him probable cause to conduct a traffic stop for DWI? What if he sees you leaving a bar at 2:30 in the morning with a cloud of dust trailing behind you?

An Austin Court of Appeal recently had to decide if spinning the tires while leaving a bar at 2:30 in the morning created reasonable suspicion to justify a traffic stop which ultimately led to an arrest for DWI. The same court had previously ruled that spinning the tires alone did not create reasonable suspicion so the question before the court was if the time and location of the individual spinning his tires created reasonable suspicion.

The court found that pulling out of a bar parking lot quickly and late at night, even when coupled with other factors like spinning the tires, did not rise to the level sufficient to create reasonable suspicion to conduct a traffic stop for DWI. Since the police did not have probable cause for the traffic stop the defendant prevailed on his motion to suppress and the evidence was excluded from being used against him in court.

What exactly is “driving while intoxicated?” It all begins with the statute enacted by the Texas legislature. That statute is reproduced below:

1. A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.
2. Except as provided by Subsection (c) and Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.
3. If it is shown on the trial of an offense under this section that at the time of the offense the person operating the motor vehicle had an open container of alcohol in the person’s immediate possession, the offense is a Class B misdemeanor, with a minimum term of confinement of six days.

What Does it Mean?

That is the statute and it may seem straightforward enough; but it is much more complicated than it may appear. Over the years the courts have decided volumes of cases interpreting each element of the dwi statute. Those interpretations play a large role in determining your guilt or innocence for dwi in The Woodlands.

For example, what exactly is a “public place?” What exactly is “operating a motor vehicle?” As part of your defense, your Woodlands DWI Lawyer should review the latest judicial opinions to evaluate your case. Call (832) 426-3913 to speak with a Woodlands DWI lawyer and take the first step in protecting your rights today.