Understanding Your Rights During a DWI Stop

When a police officer pulls you over for suspicion of driving while intoxicated (DWI) in Texas, they must follow strict legal procedures. While law enforcement has the right to conduct stops based on reasonable suspicion, not every stop is lawful. If an officer oversteps their authority, any resulting evidence—such as breathalyzer results or field sobriety test findings—could be challenged in court.

A Texas DWI lawyer can examine the circumstances of your stop, determine if your rights were violated, and fight to suppress unlawfully obtained evidence.

What Makes a DWI Stop Unlawful?

Law enforcement must have reasonable suspicion to initiate a traffic stop, meaning they must observe behavior that suggests you are violating the law—such as swerving, speeding, or running a red light. However, some stops are made without sufficient justification, which can render the stop and any subsequent search or arrest unconstitutional.

A DWI stop may be unlawful if:

• The officer had no valid reason to pull you over.
• The stop was based on a hunch rather than specific observations.
• The officer prolonged the stop without justification to conduct additional questioning.
• The officer coerced you into a search without probable cause or consent.

If a court determines that your traffic stop was unlawful, any evidence collected afterward may be inadmissible—potentially leading to a dismissal of your charges.

How Police Conduct Unlawful Searches After a DWI Stop

The Fourth Amendment protects individuals from unreasonable searches and seizures, meaning police cannot search your vehicle without probable cause, a warrant, or your consent. However, officers often overstep their boundaries by:

• Claiming they smell alcohol or drugs to justify searching your car.
• Using intimidation to get consent for a search you don’t legally have to allow.
• Conducting a search without consent or probable cause, hoping to find illegal substances or open containers.
• Relying on a faulty or improperly administered field sobriety test to escalate the stop into an arrest.

If you were subjected to an illegal search during your DWI stop, a skilled DWI defense attorney can challenge the evidence in court and fight to have your charges reduced or dismissed.

When a DWI Arrest Becomes Unlawful

Even if a police officer had a valid reason to stop you, they still need probable cause to make an arrest. Probable cause means the officer must have clear evidence that you were driving while intoxicated—not just a suspicion.

A DWI arrest may be unlawful if:

• The breathalyzer or blood test was improperly administered or lacked proper calibration.
• The officer arrested you before conducting any tests or field sobriety exercises.
• The field sobriety tests were flawed or unfair, such as being conducted on uneven ground or in bad weather.
• The officer denied your right to remain silent or failed to read your Miranda rights.

If any of these situations apply to your case, an experienced Texas DWI lawyer can challenge the arrest and push for the charges to be dropped.

How To Protect Yourself After a DWI Stop

If you are stopped for a suspected DWI, take the following steps to protect your rights:

• Remain calm and respectful. Arguing with the officer can make the situation worse.
• Do not admit to drinking. Anything you say can be used against you.
• Refuse field sobriety tests. These tests are voluntary, and failing them can be used as evidence.
• Do not consent to a vehicle search. Officers need probable cause or a warrant.
• Ask for a lawyer immediately. If you are arrested, remain silent and request legal representation.

Fight Back With an Experienced Texas DWI Attorney

A DWI charge can derail your life, but it doesn’t have to define your future. If you believe your rights were violated during a traffic stop, arrest, or search, you need a strong legal advocate on your side. Attorney Amanda Webb has built a reputation as a tough and strategic DWI defense lawyer who knows how to challenge unlawful police actions and protect her clients from unfair convictions.

As a former Montgomery County prosecutor, Amanda has insight into how the other side builds its case. She has handled countless DWI and criminal defense cases, giving her the knowledge and courtroom experience necessary to expose weaknesses in the prosecution’s evidence. From challenging the legality of your stop to questioning the reliability of field sobriety tests and breathalyzers, she leaves no stone unturned in building your defense.

Contact Amanda Webb Today

Amanda Webb has a proven track record of securing dismissals, reduced charges, and favorable verdicts for clients facing DWI and criminal charges in Conroe, The Woodlands, Houston, Montgomery County, Waller County, and surrounding areas.

Your freedom is too important to leave to chance. If you’ve been arrested for DWI in Texas, take control of your defense today. Contact Amanda Webb for a free consultation to discuss your case, explore your potential options, and develop a legal strategy that puts you in the best position for success.

"Wonderful communication, thorough documentation, and pulled out all the best punches. Would recommend them to anyone in a pinch. I know who I’d go to if I got in trouble again, Amanda is an angel." — Andreas B., ⭐⭐⭐⭐⭐

If you’ve been charged with DWI in Texas, chances are a breath test played a key role in your arrest. But many people don’t realize that breathalyzer results aren’t always as accurate as they seem. From faulty devices to improper administration, there are many reasons why a breath test result can be challenged in court.

Whether you believe the test was wrong or you’re simply looking for help, knowing how breath test results can be challenged could make a big difference in your case.

What can go wrong with a breathalyzer test?

Breath tests are often seen as solid evidence in DWI cases, but they’re not always accurate. According to Texas Penal Code § 49.04, the legal BAC limit for most drivers is 0.08%. Still, several factors can lead to unreliable BAC readings, and understanding these issues could be key to your DWI defense.

Improper calibration

Breathalyzers must be regularly calibrated to ensure accurate readings. If the machine wasn’t properly maintained or tested, the results could be flawed.

Residual mouth alcohol

Mouthwash, certain medications, and even burping can leave traces of alcohol in your mouth, causing falsely high BAC results. Texas law requires officers to observe you for at least 15 minutes before testing to let any residual alcohol clear. If this step wasn’t followed, the results could be challenged.

Medical conditions & breathing patterns

Health issues like acid reflux, diabetes, or asthma can affect breath test results. Even how you breathe—taking a deep breath versus a shallow one—can impact the reading. We work with medical experts to determine whether your health could have influenced the test.

Environmental & external factors

Certain chemicals in the air, like paint fumes or cleaning products, can interfere with breathalyzer sensors.

Even if your BAC was over the legal limit, that doesn’t mean your case is hopeless. An experienced DWI defense attorney can examine the circumstances of your arrest, the reliability of the breath test, and other factors that may help challenge the results.

Defenses that challenge BAC tests

There are several ways to challenge BAC test results in a DWI case, including:

Illegal traffic stop

If the officer did not have probable cause to pull you over or request a BAC test, your Fourth Amendment rights may have been violated. Sometimes, this can lead to the test results being thrown out.

Lack of informed consent

Texas has implied consent laws, meaning drivers agree to BAC testing when arrested for DWI. However, officers must inform you of the consequences of refusing the test. If they fail to do so, the results may be challenged.

Testing errors

BAC tests must follow strict procedures, including proper calibration, storage, and handling. If mistakes were made, we may be able to file a motion to have the test results excluded from evidence.

Don't let a faulty breath test cost you everything - Call Amanda Webb

Breathalyzer results aren’t always as reliable as they seem, and a flawed test could mean the difference between a conviction and a dismissed charge. If you’re facing an arrest or charge for DWI in Texas, it’s crucial to have a knowledgeable attorney review the details of your case.

As an experienced DWI defense lawyer and former prosecutor, Amanda Webb knows how to challenge faulty breath tests and build a strong defense to protect your rights. Don’t face this alone—get the legal help you need. Contact us today for a free case evaluation.

"Amanda Webb and her staff did a fantastic job representing a family member. Her professionalism, attention to detail, and steadfast work for her clients were second to none. I'm grateful to have had her on our team!"
- Craig W. ⭐⭐⭐⭐⭐

Police officers can’t stop you for suspected DWI without a valid reason. They need reasonable suspicion to legally pull you over. If they stop you without it, they violate your Constitutional rights and the court could throw out any evidence police gather from the stop. If police stopped you illegally, you have the right to challenge your DWI charges and seek their dismissal. An experienced DWI defense attorney can help.

What is reasonable suspicion?

Many people have heard of probable cause, but reasonable suspicion is a different legal standard. Probable cause allows police to make an arrest or search your vehicle, but reasonable suspicion is what they need to stop you in the first place.

An officer establishes reasonable suspicion by pointing to specific facts and circumstances that would lead an objective person to believe someone has broken or is about to break the law. Police can’t pull you over based on a hunch or gut feeling. They must observe behaviors that suggest illegal activity and be able to explain why they believed stopping you was justified. In other words, officers need clear reasons to suspect you of a crime before they stop your vehicle.

Do police need reasonable suspicion during no-refusal weekends?

Texas uses no-refusal weekends to crack down on drunk driving during high-risk times, such as holidays and special events. During these weekends, officers have streamlined access to warrants that allow them to collect breath or blood samples from suspected drunk drivers. However, the rules don’t change when it comes to pulling you over.

Even during no-refusal weekends, police must have reasonable suspicion to stop you. They can't pull you over just because it’s a high-risk weekend or because you’re leaving a bar. They must observe specific behaviors that suggest you might be driving under the influence.

What driving behaviors can create reasonable suspicion for DWI?

Certain driving behaviors can give police officers reasonable suspicion. Some of the most common reasons officers pull drivers over for suspected DWI include:

• Speeding: Even slightly exceeding the speed limit violates the law and can justify a traffic stop.
• Failing to stay in your lane: Weaving, drifting, or struggling to stay within your lane often raises suspicion of intoxication. Frequent lane changes or hitting lane markers repeatedly could initiate a stop.
• Driving against traffic: Wrong-way driving is a serious red flag and often suggests impairment.
• Driving too slowly: While driving below the speed limit isn’t always illegal, consistently driving far under the limit can suggest impaired judgment or intoxication.
• Running red lights or stop signs: Traffic violations, especially at intersections, can give officers enough reason to stop you.
• Narrowly avoiding accidents: If you nearly hit another car or object, officers may suspect you're driving under the influence.
• Frequent braking: Excessive braking without cause can raise suspicions among law enforcement.
• Illegal turns: Making a U-turn where it’s not allowed or turning without signaling can justify a stop.
• Vehicle issues: Faulty headlights, a broken taillight, or an expired registration can also provide a reason for police to pull you over.

What happens if police stop you without reasonable suspicion?

If an officer pulls you over without a valid reason, the stop violates your Constitutional rights. In Texas, any arrest or criminal charges that result from an illegal stop could be dismissed. When police violate your rights, your lawyer can challenge the traffic stop and argue that any evidence gathered afterward is inadmissible in court. Without key evidence, the prosecution often struggles to prove the charges against you.

When police conduct an illegal traffic stop, any evidence they gather as a result could be excluded under the exclusionary rule. This rule prevents the state from benefiting from Constitutional violations. If police stopped you without reasonable suspicion, an experienced Texas DWI lawyer can file a motion to suppress evidence such as:

• Breathalyzer results
• Blood test results
• Field sobriety test results
• Officer observations and statements

Can DWI charges be dismissed?

The state must prove your guilt beyond a reasonable doubt, which becomes difficult when the judge throws out key evidence. If your lawyer successfully challenges the stop, the prosecution may have to drop the case due to insufficient evidence. Even if they try to move forward, the judge can dismiss the charges because the evidence against you was obtained illegally.

What should I do if I was stopped without reasonable suspicion?

If you believe police pulled you over without a valid reason, you should act quickly to protect your rights. Contact an experienced Texas DWI defense lawyer who can review your case and determine if your Constitutional rights were violated.

Attorney Amanda Webb can investigate whether police had reasonable suspicion to stop you, file motions to suppress illegally obtained evidence and challenge the prosecution's case to work toward a dismissal.

Even if the officer had reasonable suspicion, Attorney Webb can fight your charges by checking for improper calibration or blood sample handling, as well as any medical conditions you have that might be mistaken for alcohol impairment.

To protect your freedom and your future, reach out to Amanda Webb - DWI Lawyer today by filling out our online contact form or calling our law office in Conroe. We offer free DWI case reviews, so you can ask questions, learn about your legal options, and decide if our law firm is the best fit for your situation.

"Amanda Webb does awesome work. Professional and very good. She got me my life back!" — Ben, ⭐⭐⭐⭐⭐

The holiday season is a time for celebration, but for many drivers in Texas, it can also bring heightened scrutiny from law enforcement. Every year, the Texas Department of Transportation (TxDOT) teams up with police departments across the state to ramp up efforts to stop drunk driving during the holidays, typically up through New Year's. While these campaigns are intended to prevent DWI accidents, the aggressive push can lead to questionable arrests and misapplied DWI charges.

For drivers caught in this enforcement wave, understanding how DWI laws work and knowing how to fight back is essential.

How DWI charges are misapplied during holiday crackdowns

In Texas, driving while intoxicated (DWI) is a serious charge that can have long-lasting effects on a person’s life. The penalties for DWI in Texas can be harsh, even for first-time offenders. Fines, jail time, license suspensions, and mandatory alcohol education programs are just the start. Repeat offenders and those with aggravating factors, such as having a child in the car, face even steeper consequences.

While the law is clear about what constitutes a DWI, the holiday season’s increased enforcement often leads to a broad application of charges, putting even cautious drivers at risk of arrest. The holidays bring not only increased traffic but also an uptick in DWI checkpoints and roadside stops. Officers, working under pressure to make arrests during campaigns like “Drive Sober. No Regrets.,” may misinterpret situations or rely on faulty evidence.

Misapplied charges often stem from:

Faulty Equipment

Breathalyzers require careful calibration, and even a small error can result in inflated BAC readings.

Subjective Testing

Field sobriety tests are notoriously unreliable, particularly for individuals with medical conditions, high stress, or fatigue.

Assumptions Based on Alcohol Smell

Simply admitting to having one drink or smelling like alcohol may lead officers to pursue charges without further evidence.

Rushed Judgments During Checkpoints

High-pressure holiday DWI checkpoints can lead officers to make snap decisions based on minimal evidence or superficial observations.

Medications Mimicking Intoxication

Prescription or over-the-counter medications can cause symptoms like slurred speech or unsteadiness that are mistaken for alcohol impairment.

Inadequate Observations

Officers may misinterpret nervous behavior or confusion, which is common during traffic stops, as signs of intoxication without considering alternative explanations.

Residual Alcohol in Testing

Recently consumed alcohol that has not yet been metabolized can produce misleadingly high BAC readings on a breathalyzer.

Fighting back against DWI charges

Once a driver is charged with DWI, the prosecution begins building its case. Prosecutors rely on a combination of evidence to establish guilt, including BAC results, field sobriety test performance, alleged observations of slurred speech, bloodshot eyes, the smell of alcohol, and video evidence.

While this type of evidence may seem conclusive, it is far from infallible. Breathalyzer errors, improper testing procedures, and environmental factors can all undermine the strength of the prosecution’s case. An experienced DWI defense lawyer can identify weaknesses in the prosecution’s case and work to secure a favorable outcome.

Common defense strategies include:

• Questioning the Traffic Stop: If the officer lacked reasonable suspicion or probable cause, the evidence collected during the stop could be thrown out.
• Challenging Test Results: From faulty equipment to improper procedures, a lawyer can expose flaws in BAC tests or field sobriety evaluations.
• Examining Officer Testimony: Observations like slurred speech or unsteady movements are subjective and can be influenced by stress, fatigue, or other factors.

Having a lawyer who understands the complexities of DWI cases in Texas is important for getting through the legal process and protecting an individual's rights. An experienced lawyer can evaluate the specifics of a case and identify flaws in the prosecution’s evidence.

Charged with DWI in Texas? Call Amanda Webb right now.

The holidays should be a time for joy, not legal troubles. However, with increased enforcement targeting drunk driving, DWI charges can quickly derail the season. Amanda Webb – DWI Lawyer offers experienced representation for individuals facing DWI charges in Conroe and the surrounding areas.

With her experience as a defense attorney and a former prosecutor in Montgomery County, Amanda Webb understands how these cases are built and how to fight back.

If you are facing DWI charges, contact Attorney Amanda Webb for a free consultation. A strong defense can make all the difference in protecting your future. 

"Wonderful communication, thorough documentation, and pulled out all the best punches. Would recommend them to anyone in a pinch. I know who I’d go to if I got in trouble again. Amanda is an angel." - Andreas B., ⭐⭐⭐⭐⭐

Passengers rarely face charges for Driving While Intoxicated (DWI) in Texas, but they are not immune to legal consequences. Various situations can result in charges against a passenger, ranging from open container violations to public intoxication. Understanding these scenarios can help passengers avoid trouble and better protect themselves in the event of a DUI-related arrest.

What does Texas law say about passengers and DWI charges?

In Texas, a DWI charge applies to anyone operating a motor vehicle while impaired by alcohol or drugs. Passengers, by definition, are not driving, so they can't typically be charged with DWI. However, there are exceptions where passengers could face related charges depending on their actions or circumstances. These include:

Open container violations

Texas law strictly prohibits open containers of alcohol in the passenger area of a vehicle on a public road. This rule applies whether the vehicle is moving or parked. Passengers with open containers of alcohol can face a Class C misdemeanor charge, punishable by a fine of up to $500. This applies regardless of whether the driver is sober or intoxicated.

Public intoxication

Passengers who are visibly intoxicated and pose a risk to themselves or others can be charged with public intoxication. While inside the vehicle, this may not be an issue, but if the passenger exits during a traffic stop or an incident, they could face charges. Public intoxication is also a Class C misdemeanor in Texas, with fines up to $500.

Child endangerment

Texas has strict penalties for drivers charged with DWI while transporting a child under 15 years old. Although this charge doesn’t apply to passengers, drivers face enhanced penalties, including:

• Fines up to $10,000
• Jail time ranging from six months to two years
• License suspension for 90 days to two years

Additionally, drivers may face separate child endangerment charges, which could result in the loss of custody or visitation rights. Passengers who encourage or enable a drunk driver with a child in the vehicle could also face legal consequences.

What happens if police suspect seat-switching?

In some cases, passengers and drivers may attempt to switch seats to avoid DWI charges. If law enforcement suspects this occurred, they could charge the passenger with DWI. Officers may use evidence like witness statements, body camera footage, or the positioning of the occupants to support their case.

Can a passenger be charged for sitting in the driver’s seat?

If a passenger is found sitting in the driver’s seat with the keys in a public place, they could be charged with DWI. Texas law considers anyone in control of the vehicle as a driver, even if the car isn’t moving. Sitting in the driver’s seat while intoxicated, with access to the keys, may be enough for police to issue a DWI charge.

How can passengers avoid trouble in DWI situations?

Passengers can take steps to avoid being charged or entangled in a DWI case:

• Avoid carrying open containers of alcohol in the vehicle.
• Never allow or encourage an intoxicated person to drive.
• Stay calm and respectful during a traffic stop.
• Avoid switching seats with the driver under any circumstance.
• If intoxicated, stay inside the vehicle to avoid public intoxication charges.

Let a Texas attorney fight your charges from the beginning

If you’re a passenger facing charges after a traffic stop in Texas, you need someone in your corner who knows the law inside and out. Amanda Webb - DWI Lawyer can uncover mistakes in your case and work toward minimizing or eliminating the charges against you.

We’ll start with a free consultation to hear your side of the story and explain your options clearly. We’ll also examine every detail of your case, from how the stop was initiated to how evidence was handled. Whether you’re facing fines, potential jail time, or a damaged record, Amanda Webb will build a strong defense to protect your rights. Contact us online or call our Conroe office today to get the legal help you need.

"Wonderful communication, thorough documentation, and pulled out all the best punches. Would recommend them to anyone in a pinch. I know who I’d go to if I got in trouble again, Amanda is an angel." — Andreas B.
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