DUI Checkpoints Prohibited in Texas

Sobriety or DUI checkpoints are stations where police officers stop vehicles and check drivers for signs of intoxication or impairment. These checkpoints are conducted in 38 states and prohibited in 11 states by state law or Constitution, or interpretation of the same. Texas prohibits sobriety checkpoints based on its interpretation of the United States Constitution. If you believe that you were arrested for DWI under circumstances that could be considered a sobriety checkpoint, you should consult with an experienced Houston DWI lawyer immediately. Attorney Martinez has more than 15 years of criminal law experience. He is a highly rated DWI and criminal defense attorney recognized both locally and on a national level. He was named a Clients’ Choice DUI Lawyer on Avvo for 2012, and he has a 10.0 Superb Avvo Rating. He was named a Top DWI Lawyer by H Texas Magazine for 2011. He is dynamic and assertive, and he will invest the necessary time and energy into protecting your legal rights.

Houston DWI Attorney: Your DWI Defense

In a 1991 case, the Texas Court of Criminal Appeals ruled that checkpoints were a violation of Texans’ rights under the Fourth Amendment and therefore unconstitutional. Under the court’s ruling, checkpoints could occur only if the state legislature established guidelines for them. The subject of the guidelines has been a source of heated debate among legislators and lobbyists, and it appears that guidelines could be established Texas in the future. If guidelines have been set by the Texas legislature, your attorney will need to ensure that they were correctly followed in your case. If guidelines have not been established, our knowledgeable Houston DWI lawyer can fight to get your charges dismissed on the basis that the checkpoint for your arrest was illegal.