Christopher Marcus Hatter v. State, 06-17-00046-CR

Trooper Thurston, off duty in civilian clothes, observed Hatter driving an SUV erratically: swerving across lanes, varying speed (as low as ~10 mph, then up to 60–70 mph), nearly stopping in travel lanes, and running a stop sign.
Thurston observed Hatter with a blank stare and an open, drooped mouth; he followed and radioed for a marked unit, then initiated a stop for reckless driving before backup arrived.
On stop, Hatter exited, acted belligerently, attempted to confront Thurston, then tried to flee to his vehicle; Thurston smelled alcohol and observed lack of coordination. Thurston restrained and arrested Hatter for DWI.
Kilgore Sgt. Sears arrived, found an open 40-ounce beer in Hatter’s vehicle, and documented red/glassy eyes and belligerence; Hatter requested a blood draw rather than field sobriety tests and was taken for a blood draw.
Hatter moved to suppress the evidence, arguing there was no probable cause to arrest him for DWI; the trial court denied the motion and a jury convicted Hatter of DWI (third or more), sentencing him to 14 years.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether arrest for DWI lacked probable cause following a traffic stop for reckless driving	State: Thurston observed erratic driving, smelled alcohol, and observed impairment signs—these facts provided probable cause for DWI arrest	Hatter: Arrest lacked probable cause; evidence from warrantless arrest should be suppressed	Court: Denied suppression; probable cause existed based on driving, odor of alcohol, lack of coordination, belligerence

Berkemer v. McCarty, 468 U.S. 420 (U.S. 1984) (traffic stops implicate Fourth Amendment reasonableness)
United States v. Sokolow, 490 U.S. 1 (U.S. 1989) (reasonable-suspicion totality-of-circumstances standard)
Zervos v. State, 15 S.W.3d 146 (Tex. App.—Texarkana 2000) (traffic-stop initiation based on reasonable suspicion of traffic offense)
Washburn v. State, 235 S.W.3d 346 (Tex. App.—Texarkana 2007) (odor of alcohol and driving behavior can supply probable cause for DWI arrest)
Matthews v. State, 431 S.W.3d 596 (Tex. Crim. App. 2014) (objective totality-of-circumstances test for reasonable suspicion)
Earl v. State, 362 S.W.3d 801 (Tex. App.—Texarkana 2012) (articulable facts required to initiate investigative detention)
Gutierrez v. State, 221 S.W.3d 680 (Tex. Crim. App. 2007) (when trial court issues no findings, appellate court may infer supporting facts)
Osbourn v. State, 92 S.W.3d 531 (Tex. Crim. App. 2002) (appellate court affirms if any legal theory in record supports ruling)