DWI checkpoints (also known as sobriety checkpoints) are predetermined locations where law enforcement officers stop vehicles to assess drivers for signs of intoxication. Officers typically set up these checkpoints during times when drunk driving is more likely to occur, such as holidays or weekends. While many states use this method to deter and catch impaired drivers, Texas has taken a different approach.

Are DWI checkpoints legal in Texas?

Texas is one of the few states in the U.S. that does not permit DWI checkpoints. This prohibition stems from the interpretation of the Texas Constitution and state laws regarding search and seizure. Unlike some other states, Texas requires law enforcement to have probable cause or reasonable suspicion to stop a vehicle. The Texas Court of Criminal Appeals has ruled that checkpoints violate the Fourth Amendment.

Additionally, Texas places a high value on probable cause in traffic stops. This means that officers must have a specific reason to believe a driver is breaking the law before initiating a stop. Checkpoints, by their nature, stop all vehicles without any individualized suspicion, which conflicts with this legal principle.

How does Texas enforce DWI laws without checkpoints?

Despite the absence of checkpoints, Texas law enforcement actively works to catch drunk drivers through other means. That includes:

• No-refusal weekends: During certain periods, usually holidays, judges remain on call to quickly provide warrants for blood tests if a driver refuses a breathalyzer.
• Increased patrols: Law enforcement agencies often increase the number of officers on duty during high-risk times for drunk driving.
• Saturation patrols: Officers concentrate their efforts in areas known for DWI offenses or around locations where alcohol is served.

What should Texas drivers know about DWI laws?

Although Texas doesn't conduct DWI checkpoints, drivers must understand that the state takes drunk driving very seriously. Texas has strict DWI laws with severe penalties, including fines, license suspension, and potential jail time.

Drivers should know that refusing a breathalyzer test can result in automatic license suspension under Texas' implied consent laws. During no-refusal periods, officers can quickly obtain warrants for blood tests, making it difficult to avoid chemical testing if suspected of DWI.

You have rights. Our Texas law firm can fight for them

If you've been charged with a DWI in Texas, it's critical to understand your rights and get legal representation as soon as possible. At Amanda Webb - DWI Lawyer, we have decades of experience defending clients against DWI charges throughout Texas. We have a deep understanding of Texas DWI laws, including the state's unique stance on checkpoints and probable cause, and we'll fight to build a strong, effective defense for you.

That includes making the following arguments:

• Your 4th amendment rights were violated.
• The officer failed to follow proper protocol.
• The breath test administered by the officer was faulty or inaccurate.
• There were errors in the blood test or other chemical tests.

Don't let a DWI charge jeopardize your future. Time is of the essence in Texas DWI cases, so don't delay. Contact us to schedule a free and confidential consultation. We'll listen to your story, answer any questions you have, and work with you to develop a legal strategy to defend your freedom.