Most DUI/DWI’s are a result of being pulled over for some traffic violation.  Usually, an officer will initially pull a driver over for a moving violation. Then, while talking to the driver, the officer smells alcohol on the driver’s breath or sees open alcohol containers in the car. Consequently, while being pulled over for some other violation, the driver ends up being investigated or arrested for DWI.

What are the Most Common Traffic Violations that Result in DWI Arrests?

The following is a list of the most common traffic violations and their technical definitions based on the Texas Transportation Code, if you are interested in reading further.  The portion of the legal statutes that apply to vehicles, motorists, and traffic rules is called the Texas Transportation Code.

 Compliance with Traffic Control Device
 Unsafe Passing to the left of another vehicle
 Passing in a “no passing” zone
 Unsafe Passing to the right of another vehicle
 Driving on Improved Shoulder
 Failure to Drive within a Single Lane
 Following too closely behind another vehicle
 Passing a School Bus
 Improper turn at Intersection
 Improper use or Failure to use turn signal
 Failure to signal stop/sudden stop
 Improper stop/Failure to stop at intersection
 Failure to Yield Right of Way at Intersection
 Failure to/Improper Yield to Emergency Vehicle
 Improper stopping/parking (ie. in an intersection)
 Driving at an unsafe speed
 Speed Limits when not otherwise posted
 Reckless Driving
 Leaving Vehicle Unattended
 Driving too Slow
 Transporting Child without Safety Seat
 Failure to Wear Seat Belt
 Transporting Child in Back of Pickup Truck
 Improper Backing of Vehicle
 Driving with Operators View Obstructed
 Racing (includes rapid acceleration, or “peeling out”)
 Driving through Driveway – refers to Parking Lot
 Failure to Drive within Single Lane/Unsafe Lane Change
 Driving Without Lights On
 Absence of License Plate Light
 Tail lamp not Emitting Plainly visible Red Light
 Tinted Windows (too dark)
 Failure to display Inspection Sticker
 Displaying fictitious Inspection Sticker
 Operating a Vehicle in Dangerous Mechanical Condition

 Striking Unattended Vehicle
 Striking Fixture or Highway Landscaping

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Just because you have been accused or arrested for DWI doesn’t mean you are guilty of DWI.  The state must prove you were guilty of driving while “intoxicated.”  Intoxication is defined by the Texas Penal Code as “not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; OR having an alcohol concentration of 0.08 or more.”

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