# Was Your Traffic Stop Illegal? | TadLaw **Table of Contents***[*Expand*]* 1. Fact: Police Need Reasonable Suspicion to Stop You 2. Fact: A Stop Must Not Be Longer than Necessary 3. Fact: Police Can Discover Your DWI While Talking to You 4. Your Rights During a Stop 5. Need Help with Houston DWI Charges? Almost every DWI case begins with the traffic stop. You’re driving home when you see lights in the rearview mirror, so you pull over to the side of the road. The officer knocks on your window, and before you know it, you’re in handcuffs being taken to the station. But was the stop legal in the first place? Police don’t have the right to harass people. Instead, their powers are limited to investigating possible crimes. If police stopped you unlawfully, then what comes after is also illegal—including charges for DWI. Our [Houston DWI attorney](https://tadlaw.com/) always reviews the legality of his client’s traffic stops. Please contact us to learn more. ## Fact: Police Need Reasonable Suspicion to Stop You Police can’t stop people on a whim in Texas. Instead, they need what’s called reasonable suspicion that a crime is being committed. This suspicion requires facts that the office can clearly articulate to another person. That means pointing to something and not simply relying on a “hunch.” Officers typically stop people for traffic violations, such as: - Blown headlights - Missing plates - Vehicle swerving - Speeding - Driving too slowly ## Fact: A Stop Must Not Be Longer than Necessary Once an officer stops you, they can ask questions related to the reason why they stopped you. For example, if your car is missing plates, they can ask if you know that fact or if the car is new. The stop should not last longer than necessary for the officer to deal with the reason why they stopped you. They can’t use the stop as an excuse to start digging through your car—unless they have a reason to. For a free legal consultation, call [(281) 280-0100](tel:+12812800100) today ## Fact: Police Can Discover Your DWI While Talking to You Most stops are not for suspected DWI. However, while talking to you about your blown headlight or missing plates, the officer might see an open beer can on the floor, or they smell alcohol on your breath. Other telltale signs of drunk driving include red eyes or slurred speech. At this point, the officer can shift the focus to a possible DWI. The officer can try to gather more information, which is why they might ask you to take field sobriety tests. ## Your Rights During a Stop Motorists have many rights, including: - You have a right not to be searched unless the officer has reasonable cause. This is a higher standard than reasonable suspicion. The officer usually requests field sobriety tests to have the necessary probable cause that you are drunk. - You can refuse to take a chemical test. You are not required to blow into a breathalyzer, though there are consequences for declining. - You can’t be arrested for being argumentative or calling the officer names. However, an officer will probably try harder to come up with a reason to arrest you if you are verbally aggressive. - You have a right to record the encounter with the police. - You have the right to remain silent. You’ll need to identify yourself and hand over license and registration, but you have no obligation to speak beyond that. ## Need Help with Houston DWI Charges? ### Contact Us for Immediate Assistance **Tad A. Nelson is an experienced Houston DWI lawyer. He has won many cases by convincing a judge the initial stop lacked reasonable suspicion. Call us at [281-280-0100](tel:281-280-0100) today to schedule a meeting.** Call or text [(281) 280-0100](tel:+12812800100) or fill out our [Free Case Evaluation Form](https://tadlaw.com/contact-us/) to get started Criminal Defense Blog Posts: [New Test Flags Underage Drinking Risk Criminal Defense Texas readers may be interested to learn that researchers have developed a new personality-based aimed at identifying kids at high risk for...](https://tadlaw.com/blog/new-test-flags-underage-drinking-risk/) [Why Hire a Board Certified Attorney? Criminal Defense Why hire a Board Certified Attorney? Attorney Representation in Houston, Texas since 1992 Board certification is a distinction held by less than...](https://tadlaw.com/blog/why-hire-a-board-certified-attorney/) [Texas Expands the Legal Definition of Stalking Criminal Defense Definition of ‘Stalking’ Expanded in Texas Texas law treats domestic violence as a serious crime. 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