Are Holiday Season DWI Checkpoints Allowed in Texas?

Whether a particular gathering includes family members, friends or co-workers, the holiday season is filled with parties. Many of these festive events include alcohol consumption, which leads to concerns about drunk driving. Around the country, police departments have announced plans to operate DWI checkpoints in high-traffic areas. While the U.S. Supreme Court has held such checkpoints can be constitutional when narrowly tailored and supervised, these random stops are currently not permitted in Texas.

A decision from the state’s Court of Criminal Appeals more than 30 years ago prevents counties and municipalities from utilizing checkpoints during the holidays or at any other time of year. In Holt v. Texas, the defendant driver was arrested at a sobriety checkpoint created by the Arlington Police Department. 

Over a three-hour period, each of the 341 drivers who passed through the location was stopped and questioned by law enforcement officers. The Arlington Police Department had developed a procedure for questioning and examining the motorists. This authority had been granted to the department’s chief by the city council. Ms. Holt was one of 10 drivers arrested. 

Arlington authorities relied on a U.S. Supreme Court decision approving a checkpoint procedure established by the State of Michigan. This case noted that while there is a strong interest in keeping intoxicated motorists off the road, it must be balanced against an individual’s right to privacy. Since then, courts and many state legislatures have adopted procedures aimed at maximizing the effectiveness of roadblocks while minimizing the intrusion on drivers. Some ways to do this include picking checkpoint locations based on crash data, supervisory review of procedures, limited detention time, neutral selection criteria, conspicuous signage and advance public notice.

Despite Arlington’s efforts, the Texas Court of Criminal Appeals said that the city’s checkpoint did not meet the Supreme Court’s standard. While the Michigan case involved a statewide procedure approved by the courts, the Arlington’s Police Department developed the DWI roadblock procedure on its own. The decision allows for the creation of a statewide checkpoint policy like the one enacted in Michigan, but more than three decades later, none has been developed, so Holt still stands to prevent cities and counties from creating their own roadblock rules. 

Even without random stops, there are many ways for authorities to step up enforcement of drunk-driving laws during the holiday season, including increased patrols. Police can stop a vehicle if they have a reasonable, articulable suspicion of DWI or some other illegal activity. 

Grob & Associates Law Firm PC defends North Texas residents accused of drunk driving, as well as other crimes. To schedule a consultation reagrding your legal rights, please call 972-777-5701 or contact us online. Our offices are in Rockwall and Wylie.