FJ Journal No. 1 - Driving While Intoxicated - Part 1: Traffic Stops

5/9/2024

             Welcome to the FJ Journal! This is the first article of many that will seek to inform our readers of the law involving various criminal offenses and police procedures, as well as various issues in the criminal justice system, both in Harris County and beyond. As you will see in the disclaimer below this and every future blog, these articles are not intended to be and should not be considered legal advice of any kind. If you or someone you know seeks legal advice, please contact our office and schedule a free consultation.

             I will begin the FJ Journal with one of the most pressing issues in Harris County criminal law: Driving While Intoxicated (DWI) cases. As of March of 2024, Harris County Criminal Courts have received approximately 3810 DWI cases of various degrees since the beginning of this year alone. While Harris County, Texas (HCTX), is admittedly the third largest county in the United States by population and should be expected to receive more cases than almost any other county, it is safe to say DWI cases have become a problem in our county. Naturally, given the large volume of DWI cases, DWI law is abundant and complex. As a result, this will be the first of a multi-part blog covering some of the most important aspects of DWI cases. Specifically, this blog will discuss the very beginning of the case: the traffic stop.

             The first question that may come to mind is: Can officers stop me for any reason? Unfortunately, according to the Supreme Court of the United States, the answer is generally yes.[1] Before a DWI investigation even begins, police officers must have a Constitutionally valid reason to conduct a traffic stop. Therefore, as long as the officers can explain some reason to stop you (i.e. running a stop sign, following someone to closely, not signaling a turn, or even littering, etc.) it does not matter whether they already suspected you of being involved in another crime, such as DWI in this case. In case you may be wondering, this does not apply to voluntary encounters with police, but this will be explained in the next article.

Once the lights and sirens turn on, because the person being stopped by the officers does not have the option to simply drive away (this could be considered felony evading), that person is considered to have been seized under the 4th Amendment. However, simply because you have been stopped by an officer does not mean that you are under arrest. Once stopped, you can be considered either temporarily detained or arrested. This is important: while detained, officers can interrogate you and you statements are admissible in court later, which can lead to a conviction. On the other hand, if you are under arrest, the officers must first read your Miranda rights before questioning you or soliciting any statements or questions.[2]

The difference between detention and arrest becomes even more significant because each carries a different burden: detentions only require that the officer has a reasonable suspicion, whereas arrests require probable cause.[3] This means that, during the conversation, an officer could obtain enough information to allow them to arrest you, depending on what is said. Needless to say, the safest path to take is to refuse to provide the officers any information other than your identifying information, and to contact an attorney immediately.

If it is found that the officer did not have enough information to conduct the stop, or that you were under arrest while the officers were questioning you and they did not read your Miranda rights, this could result in your case being dismissed outright. To determine whether these issues apply to your case requires a multi-part examination which is likely outside of the scope of this short format, and is best left to your attorney. Please contact our office and schedule a free consultation if you believe that this could be an issue in your case.

What comes next during the DWI investigation is better suited as the subject of a future article. And so with that, I will close FJ Journal No. 1. To learn more about DWIs and other legal topics, stay tuned for the next article. See you then!

Arturo J. Reyes
Attorney and Counselor at Law

[1] Whren v. United States, 517 U.S. 806, 116 S. Ct. 1769, 135 L. Ed. 2d 89 (1996)

[2] Miranda v. Arizona, 384 U.S. 436 (1966)

[3] Woods v. State, 956 S.W.2d 33 (Tex. Crim. App. 1977)