Houston, TX DWI Checkpoints – All You Need to Know (2024)

If you’re a driver in Houston, you may wonder whether you should be concerned about Houston, TX, DWI checkpoints. While DWI checkpoints are commonplace in states like California, they are generally not used by law enforcement in Texas. The reason is fairly complicated and based on past rulings by the U.S. Supreme Court and subsequent interpretations by Texas’ high courts.

Are DWI Checkpoints Legal in Texas?

Californians who move to the Lone Star State may notice a lack of DWI checkpoints. Although they are common elsewhere in the country, Texas views checkpoints for DWIs as a violation of residents’ Fourth Amendment protections against unreasonable searches and seizures.

The Supreme Court has debated the definition of what is considered reasonable for over 200 years, leading to varied interpretations across states. Some states include protections from checkpoints in their state constitutions. Texas’ high courts have ruled that DWI checkpoints amount to unreasonable searches in violation of the Fourth Amendment.

One primary legal argument used against DWI checkpoints is that they are inherently not based on probable cause. Checkpoints lead to random stops, and interactions with the public can increase the likelihood of a false arrest.

However, while DWI checkpoints are not employed in Texas, there are numerous situations where police may set up checkpoints for other reasons. One common type is driver’s license checkpoints, where law enforcement verifies that drivers possess valid licenses and registrations. Special event checkpoints can also be established during occasions like parades or festivals to ensure the safety of attendees. Each of these checkpoints must follow strict guidelines to respect individuals’ rights.

If you are stopped due to a lawful checkpoint operation, law enforcement can still observe whether you appear intoxicated. This means it is possible for you to be arrested for a DWI at a checkpoint, even though Texas does not allow DWI checkpoints.

What Should I Do Following a DWI Arrest?

If you are stopped at a checkpoint and accused of being under the influence of a drug or alcohol, the first thing you need to remember is to remain polite while invoking your protection against self-incrimination. You are not required to answer questions about your alcohol consumption. A simple response like “I don’t wish to answer that question” can suffice. You have the right to remain silent.

In Texas, the officer must decide which testing method to administer. If you refuse to provide a breath sample and only agree to a blood test, your license may be suspended for refusal.

If you do comply with a chemical test, you have the right to request that a medical professional collect an additional blood sample for further analysis. This request must be made within two hours of your arrest, and the police are not obligated to arrange transportation for you to undergo testing.

If you are arrested and charged with DWI, do not discuss the case or the circumstances of your arrest with anyone. Even conversations you have in jail while being processed can be used against you later on. As soon as you can, call an attorney. Your Houston DWI lawyer can speak on your behalf and for you in court. They can prevent you from saying anything that could later be used against you.

An attorney can evaluate whether the checkpoint was legally established. If improper procedures were followed, that may lead to a dismissal. Officers must have reasonable suspicion to detain you. If the checkpoint is intended to check drivers for their coolers of beer at events that do not allow outside containers of alcohol, officers are expected to focus on that task and not interrogate drivers for other reasons.

Your lawyer can scrutinize the breathalyzer equipment or how the field sobriety test results were conducted. A skilled attorney can navigate the complexities of your case with the aim of mitigating any consequences you may be facing.

Houston DWI Checkpoints FAQs

Q: Does Texas Allow DWI Checkpoints?

A: Texas does not permit DWI checkpoints. The state views them as a violation of the Fourth Amendment, which protects against unreasonable searches and seizures. While checkpoints are common in other states, Texas law enforcement operates without them, relying instead on routine traffic stops and other methods to enforce DWI laws and ensure public safety.

Q: Can You Turn Around Before a Checkpoint?

A: Yes, you can turn around before a checkpoint, but it’s essential to do so legally and safely. If you notice a DWI checkpoint ahead, you can make a U-turn or take an alternate route. However, if law enforcement observes you making an abrupt turn or driving erratically, it may raise suspicion and lead to a stop. Always prioritize safe driving practices when making such maneuvers.

Q: Do I Have to Show My ID at a Checkpoint in Texas?

A: In Texas, you are generally required to show your ID if you’re driving, as you must provide a driver’s license, vehicle registration, and proof of insurance at a checkpoint or if stopped by law enforcement. For passengers and pedestrians, however, Texas doesn’t require you to show ID unless you are under arrest or lawfully detained.

Q: Does Google Maps Tell You About DUI Checkpoints?

A: Certain phone apps and programs will alert users to traffic and checkpoints. These programs generally rely on user input, so there is no guarantee that any software program can reliably alert users to where a checkpoint would be. Texas does not allow for DUI checkpoints, but law enforcement can set up checkpoints for a variety of reasons.

Schedule Your DWI Consultation Today

While Texas does not allow checkpoints to be set up specifically for DUIs, there are situations where a law police checkpoint could lead you to be arrested for driving under the influence. If you are arrested for a DUI, you need legal representation that you can rely on.

Segura & Kiatta has a strong reputation for providing clients with robust and effective representation. Our lawyers understand the state’s DWI laws, and we use that knowledge to fight to free our clients from criminal charges. Contact our office today to schedule your consultation.