Strictly speaking, checkpoints for driving while intoxicated (DWI) are unconstitutional in Texas. No Texas statute outlaws such checkpoints, but they were declared unconstitutional by a Texas criminal court of appeals in a 1994 case. Such checkpoints were ruled constitutional by the U.S. Supreme Court so long as state legislatures established reasonable guidelines for the use of sobriety checkpoints. The Texas state case held that the state legislature had set up any such guidelines, and that because such checkpoints stop all drivers passing the checkpoint, without any basis for believing they are violating the law, DWI checkpoints violate the U.S. Constitution’s protections against unreasonable search and seizures. The state legislature still has not established guidelines for DWI checkpoints, meaning DWI checkpoints are unconstitutional in Texas. That does not mean you will never come across one.
When is a DWI Checkpoint Not a DWI Checkpoint?
While Texas law holds that DWI checkpoints that stop drivers with no probable cause to believe that a crime has been committed are unconstitutional, many Texas police departments still conduct checkpoints. While the state Department of Public Safety said in 2013 it would stop conducting checkpoints until the legislature sets guidelines, some local police departments still conduct checkpoints, although the stated purpose is not to check for drunk drivers. Some other purpose, including checking that drivers have a driver’s license and registration for their vehicles, usually is the justification, but DWI arrests result nonetheless. These checkpoints remain problematic for the same reason that Texas courts found DWI checkpoints unconstitutional – all drivers are stopped, even where there is no evidence that a crime has been committed, and thus are “seized,” for however brief a period of time.
What can you do if you encounter a checkpoint? Even though DWI checkpoints are not legal in Texas, that probably will not help you much at that moment. If you clearly are under the influence of alcohol or drugs, police still can detain you and make you submit to alcohol or drug tests, as they then have a reason to believe you are breaking the law. The stop itself still would be subject to challenge, of course. If you are not clearly driving while intoxicated and were simply stopped along with everyone else driving past the checkpoint, there are things you can do to get out of there quickly and without incident. These steps include:
- Give the officer your driver’s license and vehicle registration promptly and without protest if they ask for them (they probably will).
- Do not argue about being stopped for no reason, or about anything else, for that matter. Just cooperate with the officers’ requests.
- Keep your mouth shut. You do not have to answer any questions.
- Decline to take any field sobriety tests if the police ask you to leave your vehicle and perform any such tests. You do not have to participate and will not be penalized for refusing. Keep in mind that if you appear intoxicated, you might be arrested anyway.
- If the police ask for permission to search your vehicle, politely decline. They can only search your vehicle with a warrant or your permission.
- Be respectful. Do not give the police an excuse to pay more attention to you than to anyone else.
If You Have Been Charged With DWI After Being Stopped at a Checkpoint, Talk to Madrid Law Firm
If you have encountered a police checkpoint and been charged with DUI, you may be able to have charges dismissed because the traffic stop violated your constitutional rights. You should talk to the Madrid Law Firm. They will defend your rights.
