No, DWI/DUI checkpoints are not legal in Texas. This means that Texas police cannot set up a roadblock and stop every driver to check for intoxication.

If you were stopped by police in what seemed like a DWI/DUI checkpoint, you might be wondering if the stop was legal. This confusion is understandable, as these situations can be stressful and uncertain.

In this blog post, we will explain why DWI/DUI checkpoints are not allowed in Texas and discuss the tactics police use instead. We will also cover when it’s important to hire a lawyer to challenge a potentially illegal stop.

The Legal Status of DWI/DUI Checkpoints in Texas

First of all, it’s important to be clear that in Texas, DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) are treated differently.  In Texas, a DUI is a Class C ticket for minors under 21 who have consumed alcohol but are not intoxicated, while a DWI applies to adults (and minors if intoxicated) who have lost the normal use of their mental or physical faculties due to alcohol or drugs.

Regardless of which you are charged with, Texas law does not permit DUI or DWI checkpoints where officers stop every vehicle to check for intoxication.

“You cannot have a checkpoint and conduct a DWI investigation on every driver that arrives,” says Graham Norris, founder of Norris Legal Group. “You can’t shut down a road and just test everybody.”

This means that any roadblock set up specifically to catch drunk drivers is not allowed under Texas law. Police must have a valid reason for stopping a vehicle, which cannot be just to check everyone for possible DUI or DWI.

Alternative Methods Used by Texas Police Instead of DWI/DUI Checkpoints

However, even if you think you were a victim of an unlawful checkpoint, that doesn’t mean you’re in the clear. Even though DWI/DUI checkpoints are not allowed, police still have ways to stop drivers they suspect of being intoxicated. These methods can sometimes feel like a checkpoint, but they follow different legal rules.

Pretextual Stops

Police officers are allowed to stop a vehicle for a minor traffic violation – such as not using a turn signal – if they suspect the driver might be intoxicated. This is known as a pretextual stop.

“The Supreme Court has said that’s legal,” Graham says. This means that if police see you committing a minor infraction, they can legally stop you and then investigate further if they suspect DUI or DWI.

No Refusal Weekends

Texas has something called “No Refusal Weekends.” During these times, if you refuse a breath or blood test, the police can quickly obtain a warrant to require you to give a specimen. This is different from a checkpoint because the police still need a valid reason to stop you in the first place.

Strategic Police Positioning

Police often position themselves near bars, clubs, and events where people are likely to drink. They look for minor traffic violations as reasons to stop drivers. For example, if you leave a bar and fail to use your turn signal, this minor infraction gives the police a legal reason to stop you and check for intoxication.

Challenging a Suspected DUI/DWI Checkpoint in Court

If you believe you were stopped illegally as part of an unlawful checkpoint, you can challenge the stop in court. One way to do this is by filing a motion to suppress. This is a legal method to try to get evidence thrown out if it was obtained through an illegal stop.

Here are the steps involved in challenging a stop:

• Evaluate the Stop: Your lawyer will review the details of your stop to determine if it was legal.
• File a Motion to Suppress: If the stop was illegal, your lawyer will file a motion to suppress the evidence obtained from the stop.
• Present Arguments in Court: Your lawyer will argue in court that the stop was not valid, and therefore, any evidence collected after the stop should be excluded.
• Court Decision: If the judge agrees, the evidence will be thrown out, which could lead to the charges being dismissed.

“If they didn’t stop you for a reason that was legal, then everything that happened after that should be thrown out,” Graham says.

Why an Experienced Texas DWI Lawyer Is Necessary for These Cases

Hiring an experienced attorney is crucial if you want to challenge an illegal stop and avoid a DWI conviction. A knowledgeable DUI/DWI Texas lawyer will know how to handle your case and fight for your rights.

Here are the steps an attorney will take to protect you:

• Case Evaluation: The attorney will examine all the details of your arrest, including the police report and any evidence against you.
• Identify Procedural Errors: They will look for any mistakes made by the police during the stop and arrest.
• File Motions: If there were errors, the attorney will file motions to suppress the evidence and challenge the legality of the stop.
• Negotiate Plea Deals: If necessary, the attorney will negotiate with the prosecution to reduce the charges or penalties.
• Court Representation: The attorney will represent you in court, advocating on your behalf and presenting a strong defense.

By taking these steps, an attorney can significantly increase your chances of having the charges reduced or even dismissed.

Don’t Wait, Fight! Contact Norris Legal Group Today

In summary, DWI/DUI checkpoints are not legal in Texas, but police can still stop drivers using other methods, such as pretextual stops. All they need is reasonable suspicion and they can switch on their lights. If you believe you were stopped illegally, it’s important to challenge the stop in court with the help of an experienced attorney.

At Norris Legal Group, we have experience in handling DWI cases and challenging illegal stops. Contact us today for expert legal assistance. We’ll fight for your rights and work to get the best possible outcome for your case. Call Norris Legal Group now for a free consultation and let us help you navigate this challenging situation.