Probable Cause in Texas: Can Cops Arrest You If They Smell Alcohol?

I'm quite sure that many, if not all, of us have heard of probable cause when it relates to law enforcement.

In fact, probable cause has been the source of many court debates nationwide where cops feel they are justified in arresting someone, but--uh-oh--that person doesn't share that feeling and claims their rights were violated.

Isn't law so straightforward and fun?

What Does Probable Cause Mean in Texas?

According to the Texas Trial Attorney, probable cause is a constitutionally protected standard that must be met before a cop can legally arrest you.

Basically, police can't randomly arrest people that they decide would look better in cuffs. There must be a logical reason for an arrest (even if this isn't always followed in reality).

Texas law does its best to explain probable cause, saying that it dictates whether or not an officer can reasonably assume a crime has been committed or will be committed.

Reasonable Suspicion vs. Probable Cause

Before probable cause for arrest can be established, cops must first have reasonable suspicion that you have committed, are committing, or will commit a crime.

Texas law says that reasonable suspicion can't just be a hunch, it must be a common-sense conclusion based on facts.

For example, if a cop sees someone swerving on the road while speeding, there's reasonable suspicion that they may be intoxicated. After pulling them over, the cop notices an open bottle of alcohol in the cup holder and the driver is slurring their words and fails a breathalyzer test: probable cause for a DWI charge and arrest.

On the other hand, a little bit of swerving and switching lanes without a blinker is not probable cause for getting arrested. Ignoring traffic signs and speeding well over the limit IS.

Is Smell Probable Cause for Arrest in Texas?

If a cop pulls you over and smells alcohol or weed, can they immediately arrest you? Nope. Smell alone is not enough to constitute probable cause for an arrest. It IS enough to count as reasonable suspicion for the officer to question you or search your car, however.

If a police officer requests to search your car or home, many lawyers in Texas recommend you decline since allowing them to enter or examine your property can often open doors for them to find reasons to arrest you.

How to Respond to Overstepping Police Officers

Whether or not this is true in every case, it's good practice to now the laws of your state and never cause a scene or get combative with cops during a traffic stop. Even if they are in the wrong, you can risk racking up legitimate charges by erupting in anger.

Your best bet is to let it ride out and address the overstepping in authority from the officer later in court, if the situation elevates to that point. As long as you are within the law, you should have nothing to lose... besides time spent for court appearances.