Examining the Merits of a False DWI Arrest Claim

Not every DWI arrest is justified. In Texas, challenging the validity of a DWI arrest is more than a right—it’s a must. I’m Galveston DWI Lawyer Tad Nelson, alongside Attorney Amber Spurlock, and our extensive experience in defending DWI and DUI charges in Galveston County has exposed us to the grim reality of false DWI arrests. It’s a pressing issue that deserves a rigorous examination.

If you’re seeking legal representation for yourself or a loved one following a questionable DWI arrest, contact us. You can reach our law firm at 409-765-5614. Call us 24/7.

The Anatomy of a False Arrest

A DWI arrest must be substantiated by probable cause. This means an officer must have a reasonable basis to believe you were operating a vehicle while impaired.

We’re often astounded by how frequently this cornerstone of the Texas Code of Criminal Procedure  is overlooked.

The Fourth Amendment to the Constitution of the United States and Article I, Section 9 of the Texas Constitution protects us from unreasonable searches and seizures. In simpler terms, police can’t just harass you until they find a crime to justify said harassment.

Field Sobriety Tests

Field Sobriety Tests (FSTs) help police officers in establishing probable cause for a DWI arrest. However, the administration of these tests is often fraught with error.

From the Horizontal Gaze Nystagmus (HGN) to the One-Leg Stand, FSTs are not foolproof measures of intoxication. As ACS/CHAL Lawyer-Scientists, Amber and I possess a deep understanding of the science behind these tests. In court settings, we apply this knowledge in defense of our clients.

Breath & Blood Testing

The definition of intoxication under Texas law leans heavily on BAC (Blood Alcohol Concentration) results.

Under Texas Penal Code § 49.01(2), a BAC of 0.08 or higher is generally enough to secure a DWI conviction. But let’s be clear: these tests aren’t infallible.

Machine errors, improper handling of samples, and various medical conditions can lead to skewed results. We’ve seen, dissected, and challenged these inconsistencies firsthand. If you think you have a case that we can help on, give us a call.

The Human Element

Officer Conduct and Bias

While the majority of law enforcement officers serve with integrity, we cannot ignore the instances of bias. Furthermore, the outright occurrence of misconduct isn’t as rare as most people think.

Some of the most important questions we seek answers to are as follows;

• Are the officer’s observations consistent with the video evidence?
• Was the traffic stop initiated based on a true violation?
• Do we see hints of profiling at play?

In some cases, the circumstances of the arrest itself can be challenged.

• Was there a legitimate reason for the traffic stop?
• Was the arrest executed lawfully?

These questions are not trivial. They’re your constitutional defense against selective enforcement of the law. These are critical questions that any good defense lawyer should raise and scrutinize.

Examining Arrest Procedures

By the Book or Over the Line?

The Texas codes of criminal procedure set stringent rules for how an arrest must be conducted. From affirming your rights to proper evidence handling, every step is prescribed by law. Any misstep can have significant implications.

At Tad Nelson & Associates, we’ve made it our business to know these procedures inside and out. At the end of the day, liberty is non-negotiable.