Quick answer: Officers build DWI stops in three layers: driving cues (weaving, wide turns, speed variance, late-night traffic violations), personal observations at the window (odor, eyes, speech, fumbling), and performance on voluntary field sobriety tests. Each layer is documented to justify the next — and each is challengeable.
Our attorneys are former police officers — we’ve written these reports. The stop usually begins with a minor traffic violation as the legal hook; the DWI investigation begins at the window. The officer is cataloging: odor of alcohol, bloodshot eyes, slurred speech, admission of drinking (‘two beers’), fumbling for documents. Those observations justify asking you out of the car; the field tests justify the arrest.
Knowing the script is how you defend against it: the traffic violation must be real (dashcam often disagrees), window observations are subjective boilerplate that appears word-for-word across reports, and the field tests have known error rates even under perfect conditions. The report is a narrative built to support an arrest that was often decided at the window — and cross-examining that narrative is where DWI cases are won.
Related questions
Do I have to answer ‘have you been drinking tonight?’
No. Provide license and insurance, then politely decline further questions. ‘Two beers’ is in more police reports than any other phrase for a reason.
Can the stop itself be thrown out?
Yes — if the initial traffic violation wasn’t real or reasonable suspicion was lacking, everything after the stop can be suppressed. Dashcam review against the report is standard defense work.
More: Austin DWI Attorney · Video library · Texas charge codes
Free consultation — 24/7. We’ll review your stop, explain your options, and quote a flat fee.
General legal information for Texas, not legal advice about your specific case. Last reviewed July 2026.
