DUI checkpoints are popular methods in many states for the police to identify and arrest suspected drunk drivers. Under Texas law, though, these checkpoints are unconstitutional.
In response, the police have adopted other methods to work around legal restrictions regarding DUI checkpoints. For example, they may establish “license checkpoints” to make sure drivers have valid licenses and identify suspected impaired drivers. These checkpoints fall into a legal grey area, and it’s crucial to understand DUI checkpoint rules and legal rights if the police stop you. A Collin County DUI defense attorney can determine whether the police violated your rights and help you avoid legal penalties.
Are DUI Checkpoints Legal in Texas?
Police checkpoints set up specifically to catch drunk drivers are illegal in Texas, as state courts have repeatedly found them unconstitutional. The courts determined that the stops violated drivers’ rights under the Texas Constitution and the Fourth Amendment of the U.S. Constitution. Specifically, the courts ruled that DUI checkpoints involve unreasonable searches and seizures.
Texas authorities could find a way to establish DUI checkpoints legally. The U.S. Supreme Court ruled in Michigan Dept. of State Police v. Sitz (1990) that DUI checkpoints are legal if law enforcement agencies meet specific standards. These standards include having clear procedures, advanced public notice, minimal intrusion, and a neutral selection process. However, Texas has not passed any laws that meet these standards. Without such legislation, law enforcement agencies in Texas cannot operate DUI checkpoints legally.
Texas law enforcement officials may still conduct regular traffic stops, but they must have reasonable suspicion to arrest a driver. Officers cannot stop drivers at random without legal cause. Any evidence gathered during an illegal checkpoint stop can be dismissed in court (if you have a good lawyer).
While DUI checkpoints are illegal in Texas, the authorities have found workarounds. For example, the police sometimes set up checkpoints for other supposed reasons, such as checking driver’s licenses or insurance. They may use these stops to identify suspected drunk drivers, even if it’s not technically a “DUI checkpoint.” However, officers must still follow strict procedures during these stops.
How DUI Enforcement Works in Texas Without Checkpoints
Since DUI checkpoints are illegal in Texas, the police typically don’t rely on them to catch drunk drivers. Instead, they watch traffic to look for signs that a driver is impaired. Common behaviors the police look for include swerving, driving too slowly, running red lights, or making wide turns. They also watch for delayed reactions, braking without reason, or drifting between lanes.
The police must have reasonable suspicion to make a traffic stop, meaning they can’t pull someone over without a clear reason. Once stopped, they look for further signs that a driver is intoxicated. Slurred speech, bloodshot eyes, and the smell of alcohol are common clues. They may also ask the driver to perform field sobriety tests. These tests may include requesting a driver to walk in a straight line or stand on one leg.
If the officer sees signs of intoxication, they may request a preliminary breath or blood test at the roadside. A result showing a blood alcohol content (BAC) of 0.08 percent is automatic grounds for an arrest. However, an officer can arrest someone without an illegal BAC level if they believe the driver is impaired.
What Happens After a DUI Arrest in Texas
After arresting someone on suspicion of DUI in Texas, an officer will take them to jail for booking. This process includes fingerprinting, taking a mugshot, and entering the driver’s personal information into the police system. The officer will also file a report outlining the reason for the arrest and the evidence they collected.
The arrested driver may stay in jail until they see a judge. This hearing usually happens within 24 to 48 hours. During the driver’s first court appearance, the judge explains the charges and may set bail. If the driver pays their bail amount, they can leave jail while the case moves forward.
If the driver refuses a breath or blood test, the authorities may automatically suspend their drivers’ license under Texas’s “implied consent” law. They can request a hearing to fight the suspension, but they must act within 15 days of their arrest.
Your Legal Rights During a Texas DWI Stop
Here are the essential things to know about your legal rights during a traffic stop in Texas:
- You have the right to remain silent – You don’t have to answer questions about where you’ve been or whether you’ve been drinking.
- You can refuse to perform field sobriety tests – These roadside tests (like walking a straight line) are voluntary. Refusing them carries no legal penalties.
- You can decline a roadside breath test – You don’t have to take a pre-arrest breathalyzer test. However, refusing a test after an arrest is grounds for an automatic driver’s license suspension.
- You can ask to speak with an attorney after an arrest – The police do not need to provide you with a lawyer during your traffic stop. Once they arrest you, though, you have the right to legal counsel during any questioning by the police.
- The police can’t search you or your car without a warrant or probable cause – Police need a valid reason or your consent to search your vehicle. Decline any search requests to avoid hurting your case.
- You may record the traffic stop – Recording a traffic stop is legal in Texas as long as your actions don’t interfere with police activity.
How Our Collin County DUI Defense Attorneys Protect Your Rights
While DUI checkpoints are illegal in Texas, our team has handled many cases where the police violated drivers’ rights. If the police arrest you on suspicion of DUI, we can review the evidence for signs of an illegal search. We can file motions to exclude illegally obtained evidence from your case, which may lead prosecutors to drop your charges. We’ll also answer your questions and explain the legal process.
Rosenthal Kalabus & Therrian is committed to defending drivers’ rights in Texas DUI cases. Call (972) 369-0577 now or complete our contact form for a confidential consultation.
