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Are DWI Checkpoints Legal?

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By Priscarl Canlas
May 14, 2014

There are many states which allow law enforcement officers to set up DWI checkpoints or roadblocks for the purpose of spotting, detaining and arresting those individuals who are suspected of driving while intoxicated. Texas is not one of those states.

Many people argue that allowing officers to stop people without probable cause violates their constitutional rights. In 1994, the Texas Court of Criminal Appeals ruled unregulated sobriety checkpoints to be a violation of the rights individuals are afforded under the Fourth Amendment to the Constitution. Stipulations in the ruling were made to potentially allow this type of checkpoint to be set up in the future providing Texas Legislature first establish strict, statewide guidelines and standardized procedures which law enforcement officers would be required to follow. As of now no such guidelines have been written.

If you have been arrested for an alleged DWI at what you suspect was a DWI checkpoint or roadblock, you need to speak with a Katy criminal defense lawyer at once. At my firm, I have represented clients in all levels of DWI charges and am extremely proud of the results that I have been able to achieve on behalf of my clients over the years.

I am well-versed on our state's DWI laws and are not afraid to challenge arrests made at illegal DWI checkpoints. My goal is to help you get the charges against you dismissed. Call me to discuss your case at a free consultation today!

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