Legal Question in Criminal Law in Texas

DWI with Intent To Deliver - 3 Prior Felonies

Currently, my boyfriend is being held in the HCJ for DWI and the intent to deliver. He has 3 prior ITD and 4 prior DWI's. The HPD officer states in his report he arrested him to due a blooshot eye and smelled alcohol in the vehicle. He did not take a field test nor a breathe alyiser test. What is probable cause for such an arrest and legal search of a vehicle?


Asked on 3/12/06, 8:26 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Re: DWI with Intent To Deliver - 3 Prior Felonies

The cause for the search of the car is the smell of alcohol and the bloodshot eyes (which may or may not be valid). The cause of the arrest is the drug found after the search. The important question is actually what is the probably cause for the stop.

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Answered on 3/13/06, 6:11 am


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