It’s not uncommon for Texas police to be on an increased alert for possible drunk drivers around the holiday season. This extra awareness usually results in an increase of DWI charges, even if some of them are unwarranted. Some of these drunk driving charges can even stem from illegal searches and seizures.
Some drivers may not even be aware that a police officer can initiate a traffic stop that is illegal. If a police officer simply pulls a driver over without any reasonable suspicion that the driver may have committed an illegal act, then the officer him or herself is actually breaking the law. Typically, charges or arrests that were made based off of an illegal stop may not stand up in court.
Additionally, even if a driver has been stopped for a legal reason, he or she is still protected by the Fourth Amendment. If an officer violates that right while searching a vehicle, then any evidence gathered is typically inadmissible for a driver’s criminal charges. While DUI checkpoints may seem to be excused from following these rules, drivers should still remember that they are protected and presumed innocent by the law.
Illegal searches and seizures are more than an inconvenience for Texas drivers, they are a clear violation of their rights. DWI charges formed off of evidence that was gathered during these types of illegal traffic violations are still serious, but in many instances are ultimately dismissed. We understand the serious nature of these types of charges and how important it is to demonstrate how either a traffic stop or subsequent search of a vehicle or a person was done in an illegal manner. When our clients have been charged based off of these illegal practices, we strive to demonstrate how the charges or evidence may not be appropriate.