Many DWI cases are not won at trial — they are won at a suppression hearing, before trial, by showing that the traffic stop or arrest violated the Constitution. When evidence is suppressed, the State often cannot proceed, and the case is reduced or dismissed.
Reasonable Suspicion and Probable Cause
An officer must have reasonable suspicion to stop your vehicle and probable cause to arrest you. If the stop was based on a hunch, a mistaken belief about the law, or facts that do not add up, the stop may be unlawful. The same is true of the arrest decision and the field sobriety testing that led to it.
The Exclusionary Rule
Under the Fourth Amendment and Texas Code of Criminal Procedure Article 38.23, evidence obtained as a result of an unlawful stop, detention, or arrest can be suppressed — kept out of the case. That can include the officer's observations, the field sobriety tests, and breath or blood results.
How a Suppression Hearing Works
The defense files a motion to suppress, and the judge holds a hearing where the officer testifies and the dash-cam and body-cam video are examined closely. A careful, frame-by-frame review of that video frequently reveals that the stated reason for the stop or arrest does not hold up.
If you are facing charges in Conroe, The Woodlands, or anywhere in Montgomery County, contact Brian Foley Law PLLC for a free, confidential consultation with a Board Certified criminal defense attorney and former Chief Prosecutor.