Are DWI Roadblocks Legal in Texas?
The Fourth Amendment to the United State's Constitution prohibits illegal and unnecessary search and seizures without due process of law. DWI roadblocks or checkpoints have been used in various states in an attempt to crack down on drunk driving. However, stopping citizens without justification can be impermissible under both Federal and State law. As the law currently stands, the use of roadblocks is limited and highly regulated.
For a DWI roadblock to be legal, the roadblock must be established under a political accountable authority, usually a governor of a state, and have specific guidelines set out by said authority. The roadblock must have standardized procedures in order to serve a stated purpose that minimized an officers discretion on who and when to stop.
The following cases summarize Texas Law concerning DWI roadblocks.
Michigan v. Dep't of State Police, 496 U.S. 444 (1990). united States Supreme Court upheld the constitutionality of sobriety checkpoints established pursuant to guidelines established by a political accountable authority (the Governor of the State).
State v. Sanchez, 856 S.W.2d 166 (Tex. Crim. App. 1993). in the absence of evidence of authoritatively standardized procedures followed in operating the subject roadblock (driver's license/insurance) in order to serve its stated purpose and minimize the officer's discretion, and int he absence of testimony or empirical evidence demonstrating the effectiveness of the roadblock, the court of appeals erred in concluding that the roadblock was reasonable under the Forth Amendment.
Holt v. State, 887 S.W.2d 16 (Tex. Crim. App. 1994). Sobriety checkpoints are unreasonable and unconstitutional under the Forth Amendment unless and until a politically accountable state governing body enacts constitutional guidelines foe such checkpoints.
