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Tag: driving while intoxicated

Third Court of Appeals Affirms Trial Court’s Granting Suppression in DWI Case

Motion to suppress in DWI case affirmed by appellate court In an opinion released this week the Third court rejected the state’s argument that the trial court erroneously granted the defense’s motion to suppress in DWI case. This case is another good example of why a trial court’s findings, specifically credibility findings, are often the lynch pin...

driving while intoxicated, dui, dwi, dwi arrest, dwi case, dwi traffic stop, motion to suppress, reasonable suspicion, Third Court of Appeals

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Recent Third Court of Appeals Opinion on Reasonable Suspicion in a DWI Case

The majority of Driving While Intoxicated cases involve a stop for a traffic offense but sometimes law enforcement can get creative. No matter the alleged reason, an officer must have reasonable suspicion to stop your vehicle. If an illegal stop leads to a DWI arrest, in most cases, whatever evidence collected cannot be used against you. In a recent...

driving while intoxicated, dui, dwi, dwi traffic stop, reasonable suspicion, Third Court of Appeals

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DWI Warrantless Blood Draws and Exigent Circumstances

 The Third Court of Appeals released another driving while intoxicated exigent circumstances opinion this week. See State v. Couch, 2018 Tex. App. LEXIS 8855, *1. The Third Court of Appeals reversed the trial court’s finding that exigent circumstances did not exist to justify a warrantless search of the suspect’s blood. The relatively short opinion...

blood-alcohol level, driving while intoxicated, exigent circumstances opinion, Third Court of Appeals, warrantless search

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