A portion of each police officer’s training deals with DWI investigation and arrests. Police officers look for common signs understood to be connected with drinking. The reasons can be varied and many, but there are some typical statements you can expect the police to make about why they made an arrest for DWI.
Though the police may state they have a reason to make a DWI arrest, they are not necessarily correct. Police officers, like everyone else, make mistakes. The difference is that when police officers are mistaken about an arrest or the facts of a case, the people who suffer are those wrongfully accused of committing a crime. That is one of the many reasons why our firm fights on behalf of those accused of DWI.
Why Police Need a Reason for Arrest
Fortunately for those of us who live in the United States, we have certain rights when it comes to how the police interact with us. Included in those rights is the right to be free from search or seizure by the police unless they have a warrant to do so, or probable cause to make an arrest or search combined with an exigent circumstance precluding the need for a warrant. These rights are found in the 4th Amendment to the U.S. Constitution.
When it comes to making arrests for DWI, the police must have enough reasons to suspect that a driver’s blood alcohol is over the legal limit, or that the person is impaired in such a way as to be driving under the influence of alcohol. Without sufficient reasons, amounting to probable cause, the police could not make the arrest. Some of the most common reasons police use to justify their arrests for DWI and create probable cause are:
These are some of the more common reasons that police use to justify making an arrest for DWI. But once you think about it, anybody could display number of these symptoms and not be under the influence of alcohol.
In fact, the Dallas police recently made a big mistake in a DWI arrest and prosecution. A man who suffered from seizures was arrested after causing an accident in the morning. When the police arrived on the scene they described the man as talkative, anxious, clammy-skinned, and indifferent. The police took all those signs for a a person who was driving under the influence of alcohol and so made an arrest.
The problem with this case and the arrest was the fact that the man reports he did not have anything to drink at all, but suffered from epilepsy. Once it was shown he had epilepsy, he was released from jail, got the treatment he needed, and now is suing the Dallas Police officers who arrested him.
Defending and Protecting Your Rights
As you can see from this case, not all arrests for DWI are valid. If you have recently been arrested for DWI in the Dallas area, contact us. At The Wilder DWI Defense Firm we investigate the facts, apply the law, and fight all the charges against you. We will be happy to review your case and provide you with your legal options.