Managing Attorney
In many Texas DWI cases, the legality of the traffic stop is a critical issue. If the police officer did not have a valid legal reason to stop your vehicle, the evidence gathered during the stop — including breath or blood test results — may be thrown out. In some cases, this can result in a complete dismissal of the charges.
At Ceja Law Firm, founding attorney Jose Ceja is Board Certified in Criminal Law and has frequently handled suppression hearings in Houston-area courts. This blog explains how illegal traffic stops can lead to the suppression of evidence, what legal standards apply, and how a strong defense can challenge an unlawful stop in court.
Legal Grounds for Suppression in DWI Cases
Texas drivers are protected by both the United States and Texas Constitutions, as well as Texas statutes. In a DWI case, suppression of evidence may be appropriate if police violated:
- The Fourth Amendment of the U.S. Constitution, which protects against unreasonable searches and seizures.
- Article I, Section 9 of the Texas Constitution, which provides similar protections and is sometimes interpreted more broadly in favor of the defendant.
- Article 38.23 of the Texas Code of Criminal Procedure, which prohibits evidence obtained in violation of the law from being used in court.
If a judge finds that a traffic stop was unlawful, all evidence obtained as a result of that stop may be excluded — including field sobriety tests, admissions, and chemical test results.
How Is an Illegal Stop Proven?
Challenging the legality of a traffic stop typically begins with a motion to suppress filed by the defense. To support the motion, a defense attorney may rely on several types of evidence, including:
- Police bodycam or dashcam footage, which may contradict the officer’s stated reason for the stop.
- Dispatch audio logs, showing what information the officer had at the time of the stop.
- Cross-examination of the officer, to test whether the officer had specific and articulable facts to justify the stop.
- Client testimony or witness statements, especially if the stop occurred in a parking lot or private property.
In many cases, the defense is not trying to prove what happened beyond a reasonable doubt, but simply to demonstrate that the State cannot meet its burden to justify the stop under the law.
Common Examples of Illegal Traffic Stops in DWI Cases
Here are some real-world scenarios where DWI stops are often challenged:
1. Drifting Within the Lane
Merely weaving within a single lane — without crossing into another lane or creating a safety hazard — may not be enough to justify a stop.
2. Driving on the Shoulder
Texas law allows drivers to momentarily use the shoulder for certain legal purposes. If a stop is based solely on shoulder driving, it may be invalid depending on the circumstances.
3. Anonymous Tips
A truly anonymous call to 911 reporting a drunk driver does not, by itself, may not give police the right to stop a vehicle. In many cases, the officer must independently observe behavior that supports reasonable suspicion.
4. Sleeping in a Parked Car
Finding someone asleep in a parked vehicle does not always justify a detention. Courts will examine whether the person was “operating” the vehicle and whether the officer had legal grounds to investigate.
5. Unnecessarily Prolonged Detention
Even if a traffic stop begins legally, it can become illegal if the officer detains the driver longer than necessary without additional reasonable suspicion.
What Is a Dispositive Suppression Hearing?
In many courts in Houston, it is possible to have what’s called a dispositive suppression hearing. This is a pretrial hearing where both sides agree that if the defendant wins, the case will be dismissed, and if the State wins, the defendant will plead guilty.
While dispositive hearings can be a useful tool — especially when a strong suppression issue is present — in some cases it may be better to present the suppression argument during trial. This strategy preserves additional rights, such as the ability to argue suppression before a jury, and may keep the defense theory from being prematurely revealed.
Should You Share the Suppression Issue with the Prosecutor?
One important strategic decision for a defense attorney is whether to alert the prosecutor to a potential suppression issue. In some cases, it may be wise to share the issue — for example, if the legal problem is obvious and likely to result in a dismissal.
But in many cases, especially where the issue is more nuanced, it may be better not to give the prosecutor an opportunity to “fix” the problem before trial. An experienced DWI defense attorney will make this decision carefully, weighing the strength of the argument, the jurisdiction, and the likely outcome of the hearing.
Final Thoughts
Challenging the legality of a traffic stop is one of the most effective strategies in defending a Texas DWI charge. If the stop was illegal, the evidence that follows may be thrown out — and in many cases, that means the prosecution can’t move forward.
At Ceja Law Firm, we evaluate every DWI case to determine whether a suppression issue may be present and how to use it to your advantage. If you’ve been arrested for DWI in Houston, call us today for a consultation. You may have more defenses than you realize.
