Jeremy Rosenthal | July 28, 2025 | DWI

What Are Your Rights at a DUI Checkpoint in Texas?

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—a key example of how DUI checkpoint rules and legal rights can vary widely depending on where you are.

The police have adopted other methods to work around legal restrictions regarding DUI checkpoints. For example, they may establish “license checkpoints” to ensure 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.

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—highlighting the importance of understanding DUI checkpoints and legal requirements in your state.

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 drivers’ 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 takes 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 also files 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. The judge explains the charges during the driver’s first court appearance and may set bail. If the driver pays their bail amount, they can leave jail while the case progresses.

If the driver refuses a breath or blood test, the authorities may automatically suspend the driver’s license under Texas’s “implied consent” law. The driver can request a hearing to fight the suspension, but they must act within 15 days of their arrest.

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 and carry 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 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 help you answer your questions and explain the legal process.

Texas Defense Firm is committed to defending drivers’ rights in Texas DUI cases. Call (972) 369-0577 now or complete our contact form for a confidential consultation.

If you’ve been charged with a crime in McKinney or Dallas and need legal help, contact our skilled criminal defense attorneys at Texas Defense Firm. Schedule a confidential consultation today to discuss your case and protect your rights.

We proudly serve Collin, Denton, Kaufman, and Rockwall counties and the surrounding areas. Visit our law offices at:

Texas Defense Firm – McKinney Office
7300 State Highway 121 Suite 400
McKinney TX 75070
(972) 369-0577
Available 24/7

Texas Defense Firm – Dallas Office
4100 Alpha Rd Suite 476
Dallas TX 75244
(469) 772-9509
Available 24/7