Question: What is probable cause in Texas?
Answer: Probable cause is one of the lower levels of proof, and it deals with whether an officer has that level of proof to justify arresting an individual for, in this case, DWI. It’s a much lower level than what a jury would have to decide. A jury has to decide beyond a reasonable doubt that the person was intoxicated. But a police officer doesn’t have to have that level of proof to make an arrest—they only have to prove that there was probable cause to believe that the person was operating a vehicle in the state of Texas in a public place while intoxicated. It’s a much lower level of proof than what a jury has to decide.