College Station DWI Lawyer

What to Expect During a DWI Stop

Texas law gives police broad authority to conduct DWI traffic stops. College Station law enforcement uses that discretion to pull over drivers they expect to be intoxicated. In addition to looking for suspicious driving behavior, law enforcement may increase stops after significant events like football games, when people may be more likely to drink and drive.

While the police have broad discretion to pull people over, they still have to follow all applicable rules and laws, which makes traffic stops predictable. During a traffic stop, you can expect an initial questioning where the officer will ask for your license, registration, and proof of insurance. They observe you for signs of impairment, such as slurred speech, bloodshot eyes, or alcohol odor.

If you are suspected of being intoxicated, the officer will have you perform field sobriety tests. These tests assess coordination and balance, but they are subjective. In some cases, you may be asked to take a breathalyzer or blood test to test your blood alcohol content.

While drivers should be cooperative and non-combative during traffic stops, that does not mean complying with all law enforcement requests. Drivers need to understand their rights to make educated decisions about how to proceed during a stop, such as:

• You can remain silent;
• You can refuse field sobriety tests;
• You can refuse a breath test; and
• You have the right to legal representation.

The right to remain silent is probably the most underutilized of these. Suspects do not have to answer any questions, including about drinking. That right against self-incrimination extends to participating in subjective tests like field sobriety and chemical tests.

However, the rules against self-incrimination are not absolute. While drivers can refuse breath tests, doing so comes with consequences. Driving is a privilege, not a right, and the state can suspend your driver’s license if you refuse breath or blood tests.

Potential Errors in DWI Stops

DWI stops can be an effective way to keep dangerous people off of the road. However, they are also subjective, leaving them prone to errors by officers. Understanding some common mistakes by law enforcement can help people understand when they can challenge a DWI stop, such as:

• Stopping people without reasonable suspicion;
• Misconduct in field sobriety testing;
• Faulty breathalyzer tests;
• Failure to read suspects their Miranda rights; and
• Due process violations.

One job of a College Station DWI attorney is to investigate every detail of a DWI stop carefully to determine if there were any errors. If so, they can offer a reason to seek the case’s dismissal or challenge the prosecution’s evidence.

Mistakes to Avoid After a DWI Arrest in College Station, TX

Being arrested for DWI in College Station, TX can be a stressful experience, and it’s easy to make mistakes that could hurt your case. Understanding what to avoid and how to handle the situation can make a big difference in the outcome of your case. At The Greening Law Group, we are here to help you navigate through this challenging time and offer guidance on how to avoid the common mistakes people make when arrested for DWI.

Not Asking for a Lawyer Right Away

One of the most common mistakes people make after a DWI arrest is not immediately asking for a DWI lawyer. It can be tempting to try to handle things on your own or talk to the police in an attempt to explain your side of the story. However, anything you say to the police could be used against you in court. As soon as you are arrested, you have the right to remain silent and request a lawyer. It’s crucial to exercise this right to protect yourself.

At The Greening Law Group, we offer a legal consultation to answer your questions and provide legal advice from the very beginning of your case. Our College Station DWI Lawyers can guide you through every step of the process and ensure that your rights are protected.

Failing to Challenge the Evidence

Another mistake people make is not questioning the evidence against them. This includes things like field sobriety tests, breathalyzer results, and the arresting officer’s report. In many cases, there may be issues with how these tests were conducted or how the results were interpreted. For example, breathalyzers can give inaccurate readings if not maintained or used properly.

When you hire a College Station DWI Lawyer from The Greening Law Group, we will carefully review all the evidence in your case. If there are weaknesses in the evidence, we will challenge it and fight for the best possible outcome for you.

Missing Court Dates or Failing to Respond to Legal Notices

Missing court dates or failing to respond to legal notices can have serious consequences. If you miss a scheduled court appearance, a judge may issue a bench warrant for your arrest. This can add more charges and penalties to your case, making it even more complicated to resolve. It’s important to stay on top of your legal responsibilities and communicate with your lawyer to ensure everything is handled properly.

At The Greening Law Group, we make sure that our clients don’t miss any important dates or deadlines. We will keep track of your case and ensure you stay on the right path throughout the legal process.

Not Understanding the Full Consequences of a DWI Conviction

Some people arrested for DWI don’t realize the full consequences of a conviction. A DWI conviction can lead to fines, jail time, a criminal record, and a suspended driver’s license. It can also impact your job, your relationships, and your future. Understanding these consequences is key to making informed decisions about your case.

When you work with a College Station DWI Lawyer from The Greening Law Group, we will make sure you understand what’s at stake and help you pursue the best possible outcome. We will discuss all of your options with you and help you make the right choice for your future.

Legal Consequences of a Unlicensed DWI

Texas law treats DWI offenses seriously, and adding unlicensed driving amplifies the severity. Under Texas Penal Code § 49.04, driving while intoxicated is defined as operating a motor vehicle in a public place while intoxicated by alcohol or drugs. If you are caught driving without a valid license, you could also face additional charges under Texas Transportation Code § 521.021.

The potential penalties for a DWI without a license may include any of the following:

• Hefty fines;
• Jail time, even for first-time offenders;
• Extended driver’s license suspensions or permanent revocation;
• Mandatory installation of an ignition interlock device; or
• Enrollment in alcohol education or rehabilitation programs.

These consequences can have lasting effects on employment opportunities, housing, and your personal reputation. A knowledgeable College Station attorney could examine the details of your unlicensed DWI case to identify possible defenses and work towards minimizing penalties.

Building a Defense Against These Charges

Fighting a DWI without a license charge in College Station requires a strategic approach. Every case is unique, and the right defense depends on the facts involved. Some common defense strategies may include:

• Challenging the traffic stop: If law enforcement did not have probable cause to stop your vehicle, any evidence collected may be inadmissible in court;
• Questioning field sobriety and chemical tests: Improperly administered sobriety tests or faulty breathalyzer equipment could lead to inaccurate results; or
• Proving necessity or emergency: In rare cases, showing that you were driving due to an emergency could impact the outcome.

A criminal defense attorney could analyze these factors and others to create a tailored defense that supports your case. They aim to protect your rights and reduce or eliminate the charges against you.

Unreasonable Searches During a DWI Case

The Fourth Amendment to the U.S. Constitution protects individuals from unreasonable searches and seizures. In Texas, law enforcement must have probable cause or a valid warrant to conduct most searches. However, there are exceptions, especially in DWI cases, where officers often rely on warrantless searches during traffic stops.

When stopping a driver suspected of DWI, officers typically need reasonable suspicion to initiate the stop. Probable cause is then required to justify a search of your vehicle or person. If an officer searches your car without proper cause or consent, any evidence collected could be deemed inadmissible in court. A College Station DWI attorney could evaluate whether the search that led to your charges was unreasonable and violated your constitutional rights.

Examples of Unreasonable Searches

Unreasonable searches can happen in various ways during DWI investigations. Recognizing these violations is essential for building a strong defense. Some common examples include the following:

• Illegal Traffic Stops: If an officer pulls you over without reasonable suspicion of a traffic violation or criminal activity, any subsequent search may be unlawful;
• Unlawful Vehicle Searches: Searching your vehicle without probable cause, consent, or a warrant could result in evidence being excluded;
• Improper Use of Sobriety Checkpoints: While Texas generally does not allow DWI checkpoints, if one is set up improperly, it could violate your rights;
• Forced Blood Draws Without a Warrant: Unless exigent circumstances exist, police usually need a warrant to conduct a blood test.

A criminal defense attorney could identify whether any of these or other violations occurred in your case.

Challenging Illegally Obtained Evidence

When evidence of a DWI is gathered through an unreasonable search in College Station, filing a motion to suppress may be possible. If the court agrees that your rights were violated, key pieces of evidence—such as breathalyzer results, blood tests, or open container findings—could be excluded from your trial.

Excluding critical evidence often weakens the prosecution’s case, potentially leading to reduced charges or even dismissal. A dedicated lawyer could file the necessary motions and argue on your behalf to secure the best possible outcome.

College Station DWI Lawyer client story

This client story is for educational purposes only.

Andrew couldn’t believe what was happening. He had just left a family gathering in College Station, TX, when the flashing red and blue lights appeared in his rearview mirror. His heart sank as the officer approached his car. The officer asked him to step out and perform a field sobriety test, and before long, Andrew was arrested for DWI.

Andrew had always been a careful driver. He never imagined a night out with a few drinks could lead to something so serious. He had heard stories about DWI charges, but he never thought it could happen to him. Now, he found himself facing a future filled with uncertainty, scared of the potential consequences—fines, jail time, a criminal record, and a suspended driver’s license. His mind raced as he wondered what would happen next.

That’s when he found The Greening Law Group and met Craig Greening, a College Station DWI Lawyer who would change everything for him.

From the moment Andrew walked into Craig’s office, he felt an instant sense of calm. Craig didn’t just listen to Andrew’s story—he understood the stress and fear Andrew was feeling. Craig reassured him that he wasn’t alone and that they would work together to fight for the best possible outcome. For the first time since the arrest, Andrew felt like he had a real chance to move forward.

Craig immediately went to work, reviewing every detail of Andrew’s case. He looked over the arrest report, the breathalyzer results, and the field sobriety test procedures. As he dug deeper, he uncovered important details. Craig found flaws in how the tests were conducted and discovered that the breathalyzer device wasn’t calibrated properly. This could be the key to Andrew’s defense.

With Craig’s help, Andrew was prepared for the trial. Craig guided him through every step, from understanding what would happen in court to calming his nerves before the big day. Andrew knew that he had done everything he could to help his case, but he also trusted Craig completely.

When the day of the trial came, Craig’s preparation shone. He stood up in court and skillfully pointed out the mistakes in the arrest process. He challenged the evidence and presented a clear argument that showed the errors made during Andrew’s arrest. Craig’s dedication to his client was evident, and he made sure the jury saw the truth.

The jury delivered the verdict: not guilty. Andrew was overwhelmed with relief. It felt like a weight had been lifted from his shoulders. What once seemed like an impossible situation was now behind him. He walked out of the courthouse knowing that he had a second chance, and he owed it all to Craig and The Greening Law Group.

Andrew’s story is just one example of how The Greening Law Group helps people in College Station facing DWI charges. If you’re in a similar situation, don’t face it alone. Craig Greening and his team will be your guide, just like they were for Andrew. They will help you navigate through the legal process and fight for the best possible outcome.

Get Legal Help for Your DWI Case in College Station, TX

Being arrested for DWI in College Station, TX can feel overwhelming and confusing. However, you don’t have to face it alone. At The Greening Law Group, we understand the challenges you’re up against and are here to help guide you through the legal process. Our team is committed to working hard to get the best possible outcome for your case.

We offer legal consultations to anyone facing DWI charges in College Station, TX. During your consultation, we will listen to your story, answer your questions, and explain the legal options available to you. Our College Station DWI Lawyer, Craig Greening, and his team will ensure that you fully understand your rights and the steps ahead.

Whether this is your first DWI charge or a repeat offense, we are dedicated to providing the support and legal representation you need. We will review all the evidence, challenge any weaknesses in the case, and fight for a resolution that minimizes the consequences for you.

Don’t wait – time is crucial when dealing with DWI charges. Contact The Greening Law Group today to schedule your legal consultation. Let us put our experience to work for you and help you move forward with the best possible outcome. Call now and take the first step toward protecting your future.