DWI Checkpoints – Not In Texas

Written by Greg on November 6, 2014

DUI in Texas

38 states allow sobriety checkpoints in an effort to keep their citizens safe and keep drinking drivers off the road. Included in the 12 states that do not permit sobriety checkpoints is Texas.


At issue in Texas is the fourth amendment’s protection from unreasonable searches and seizures. Two decades ago a court ruled that without legislative guidance, sobriety checkpoints constitutes a seizure within the context of the fourth amendment.


Unfortunately, Texas has refused to address the need to utilize sobriety checkpoints in the ongoing battle to reduce the number of drunk driving accidents in the state.


Many countries have utilized sobriety checkpoints for decades and the results speak for themselves. In those countries, drivers should they choose to drink designate a driver or take a cab.


There are reasons that Texas leads the nation in drunk driving accidents and failure to address the ongoing battle is one of the reasons. Of course, it was… Many years ago a battle was fought on whether to outlaw open containers in vehicles or not.


Where DUI roadblocks or checkpoints are used officers are stationed at a point on a public roadway and check all drivers for intoxication or impairment at the station. Each person passing through the checkpoint is screened for potential alcohol use.


Some checkpoints, the officers will check every certain number of vehicles going through so a random selection is used.


While Texas has initiated no refusal testing for some areas and sometimes, there is much to do in the effort to reduce DWI accidents in Texas.


Texas has much to be proud of and individualism and freedom certainly are a big part of the Texas heritage. Nevertheless, the dangers of drunk driving accidents and the needless injury and death of Texans should require the best efforts from our political leaders to err on the side of safety for Texas families.


Hopefully, the new legislature will see fit to address the checkpoint issue for preventing DWI accidents in Texas.



Posted Under: DWI/DUI

Giving Back to The Community

We are committed to supporting our community
Baumgartner Scholarship
See All Practice Areas Meet Attorney Greg Baumgartner See Previous Case Results Read Client Reviews & Testimonials Read Our Blog Contact Us