In 2019, there were 2,436 alcohol-related traffic accidents in Houston. In those traffic accidents, there were 73 deaths and an estimated 730 injuries. Houston is the most populous city in Texas, but no other municipality even came close in terms of alcohol-related traffic fatalities, accidents, or injuries. San Antonio, the second-largest municipality in the state with 1.5 million residents to Houston’s 2.3 million, had 45 alcohol-related traffic fatalities and 1,873 injuries. While home to only 8% of Texas’ population, Houston in 2019 accounted for 15% of alcohol-related traffic deaths in the state in 2019, as well as 14% of injuries and 14% of all alcohol-related traffic accidents statewide. It is no wonder that one major state newspaper calls Houston “ground zero” for drunk driving in Texas. Area law enforcement has increased its focus on enforcing laws against driving while intoxicated (DWI), and statewide penalties for DWI are steep. Even with all that, though, you have rights intended to protect you from arbitrary police action.
Police Cannot Stop You for No Reason
Even with heightened enforcement efforts, police cannot simply stop drivers at random for no apparent reason. A traffic stop of any kind requires probable cause to believe that the driver being stopped has committed some kind of traffic offense. Unlike most states, this requirement also applies to traffic checkpoints in Texas. The police are not allowed to set up checkpoints where every driver is required to stop; those have been found under Texas and U.S. law to be unconstitutional. However, Texas allows police to set up checkpoints where they can signal for a driver to pull over if the police believe there is probable cause that the driver has committed a traffic law violation. Probable cause can be slim protection, however, as it can include such things as:
- A headlight, tail light, or brake light not functioning properly
- Erratic driving, such as weaving or driving far above (or below) the speed limit
- Clear defects in safety equipment
Probable cause can be a pretty low standard. The officer need only be able to articulate a reason you were stopped – whether it was a valid reason usually is a question for the court. Lack of probable cause for a stop, however, is a common reason for dismissal of a DWI charge.
You have other rights, as well. You cannot be compelled to incriminate yourself, for instance. However, because a driver’s license is a privilege issued by the state, not a right, if you decline to take a breath, chemical, or blood test for sobriety, the state can administratively suspend your license for lengthy periods, regardless of whether you are ever convicted – or even charged – with DWI. Still, you do not have to consent to a vehicle search, you do not have to answer any questions, and you do not have to take field sobriety tests. You can record the traffic stop on your cell phone or other recording device.
If You are Facing DWI Charges in The Houston Area, Talk to Madrid Law Firm
Being charged with DWI is no small matter. You need a DWI lawyer with the experience to help you put together a defense and achieve the best outcome possible. If you are facing DWI charges – especially if you believe your rights were violated during the arrest — talk to the Madrid Law Firm.
