Almost every DWI begins with a traffic stop — and if that stop was unlawful, the whole case can fall apart. The Constitution requires an officer to have reasonable suspicion to stop you and probable cause to arrest you. When those requirements aren't met, a motion to suppress can throw out the field sobriety tests and the breath or blood results — often leaving the State with nothing to prove its case.
If you or a loved one is facing a DWI in Houston, Harris County, or Galveston, Brian Foley and Luis Baez — former prosecutors — can help.
The Legal Standards
| Stage | What the officer needs |
|---|---|
| The stop | Reasonable suspicion — specific, articulable facts, not a hunch |
| The detention | Suspicion that justifies the scope and length of the stop |
| The arrest | Probable cause to believe you were driving while intoxicated |
| A blood draw | Consent or a valid warrant supported by probable cause |
If the State fails at any of these stages, the evidence obtained afterward may be suppressed under the exclusionary rule.
Common Problems We Look For
- No real traffic violation. Stops based on a vague, mistaken, or non-existent violation.
- Prolonged or expanded stops. Detaining you longer than the stop's purpose allows, or turning a minor stop into a DWI investigation without new suspicion.
- Mistakes of law. Stops based on conduct that isn't actually illegal.
- Unreliable "signs of intoxication." Odor, "glassy eyes," and similar boilerplate frequently don't hold up against the video.
- Defective blood warrants. Affidavits lacking probable cause or proper procedure.
Dash-cam and body-cam footage often shows normal driving, misadministered field sobriety tests, or a client who looks and sounds sober — contradicting the offense report. We obtain and scrutinize all of it.
How Suppression Wins Cases
When we identify a constitutional problem, we file a motion to suppress and litigate it before trial. If the judge agrees the stop, arrest, or search was unlawful, the tainted evidence is excluded. Because DWI cases depend on that evidence, a successful motion frequently results in a dismissal or a favorable resolution. Even an unsuccessful motion can expose weaknesses that improve your negotiating position.
Related Pages
Why HCDA
Brian Foley is Board Certified in Criminal Law, and both he and Luis Baez are former prosecutors who know how DWI stops are supposed to be conducted — and how to challenge them when they aren't. If you or a loved one is facing a DWI in Houston, Harris County, or Galveston, contact Houston Criminal Defense Attorneys PLLC for a free, confidential consultation. Call or text (713) 703-1718.