Under interpretation of the United States Constitution, DWI checkpoints or roadblocks are not allowed in Texas.
Why Are They Not Allowed?
In a DWI roadblock, police stop every car without a reason to believe any of the drivers are impaired. Even though there are no specific laws against these sobriety checkpoints in Texas, the state's interpretation of the Constitution determines that they are a violation of a person's Fourth Amendment rights. According to Texas Court of Criminal Appeals Judge Charles Miller:
"Because a governing body in Texas has not authorized a statewide procedure for DWI roadblocks, such roadblocks are unreasonable and unconstitutional under the Fourth Amendment of the U.S. Constitution unless and until a politically accountable governing body sees fit to enact constitutional guidelines regarding such roadblocks."
You may remember the viral video of an officer searching a man car during a DWI checkpoint, although the man showed absolutely no signs of impairment.
In a DWI roadblock, police stop every car without a reason to believe any of the drivers are impaired. Even though there are no specific laws against these sobriety checkpoints in Texas, the state's interpretation of the Constitution determines that they are a violation of a person's Fourth Amendment rights. According to Texas Court of Criminal Appeals Judge Charles Miller:
"Because a governing body in Texas has not authorized a statewide procedure for DWI roadblocks, such roadblocks are unreasonable and unconstitutional under the Fourth Amendment of the U.S. Constitution unless and until a politically accountable governing body sees fit to enact constitutional guidelines regarding such roadblocks."
You may remember the viral video of an officer searching a man car during a DWI checkpoint, although the man showed absolutely no signs of impairment.
What About "No Refusal" Checkpoints?
These are different than the general DWI checkpoint. A no refusal checkpoint is setup by police when there is reasonable suspicion that there are drunk drivers on the road. You may notice these types of checkpoints pop up more frequently during holidays and events where people are most likely consuming alcohol.
During no refusal checkpoints, drivers who are suspected of DWI are required to take a blood test if they refuse a breathalyzer test. This blood test can take place right at the scene. If the driver does not give their consent to the blood test, the police officer can issue a warrant during the checkpoint with a quick call to a judge.
But again, during these no refusal stops, police have to first have a reasonable suspicion the driver is impaired before proceeding with these standards. If there is no reasonable suspicion, they are infringing on your rights, and you may have a case against them.
These are different than the general DWI checkpoint. A no refusal checkpoint is setup by police when there is reasonable suspicion that there are drunk drivers on the road. You may notice these types of checkpoints pop up more frequently during holidays and events where people are most likely consuming alcohol.
During no refusal checkpoints, drivers who are suspected of DWI are required to take a blood test if they refuse a breathalyzer test. This blood test can take place right at the scene. If the driver does not give their consent to the blood test, the police officer can issue a warrant during the checkpoint with a quick call to a judge.
But again, during these no refusal stops, police have to first have a reasonable suspicion the driver is impaired before proceeding with these standards. If there is no reasonable suspicion, they are infringing on your rights, and you may have a case against them.
Do You Feel Your Rights Were Infringed?
Call Jeff Brown today. As a Fort Worth DWI attorney, Jeff knows your rights and will thoroughly investigate your case to determine whether or not you were treated properly.
Call Jeff Brown today. As a Fort Worth DWI attorney, Jeff knows your rights and will thoroughly investigate your case to determine whether or not you were treated properly.