Imagine you're cruising down the road in Bryan, Texas when you see flashing lights ahead.
It's a DWI checkpoint.
Driving while intoxicated (DWI) is a serious offense, and law enforcement takes a proactive approach to keeping drunk drivers off the roads. But what happens if you encounter a DWI checkpoint in Bryan? Are these checkpoints legal?
The answer might surprise you. DWI checkpoints, in the traditional sense, are not legal in Bryan, Texas.
While they are common in many states across the U.S., Texas does not permit these sobriety checkpoints due to state court rulings. However, understanding the intricacies of this topic can help drivers stay informed about their rights and the laws governing drunk driving in Texas.
At the Law Office of Shane Phelps, our experienced Bryan DWI defense lawyers know the rules and regulations surrounding DWI and DUI offenses in Texas. Drivers must operate their vehicles unimpaired by alcohol or other substances but they need to know their rights if they face a DWI accusation.
What Is a DWI Checkpoint?
A DWI or driving under the influence (DUI) checkpoint is a predetermined location where law enforcement officers stop vehicles to check for drivers impaired by alcohol or other substances.
Police set up these checkpoints when drunk driving incidents are more likely, such as holidays and weekends. They strive to deter drunk driving by conducting systematic checks on drivers.
Texas Law and DWI Checkpoints
In Texas, DWI checkpoints are deemed unconstitutional based on state court rulings. Specifically, the Texas Court of Criminal Appeals ruled in 1994 that sobriety checkpoints violate the Texas Constitution unless a state law authorizes them and sets out guidelines for their operation.
As of now, no such law exists in Texas. The case effectively made DWI checkpoints illegal in Texas, as the state has not enacted any legislation to permit and regulate them.
DWI versus DUI According to Texas Law
In Texas, the terms DWI and DUI have distinct legal meanings and implications when it comes to impaired driving. DWI applies to drivers over 21 who operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher or are impaired by drugs.
DUI, on the other hand, typically refers to drivers under 21 caught with any detectable amount of alcohol in their system. This distinction determines the severity of the charges and potential penalties the driver faces.
What Happens at a DWI Checkpoint?
At a DWI checkpoint, officers systematically stop vehicles, such as every third or fourth car. Drivers are asked to provide their license and registration and may be questioned briefly. Officers look for signs of intoxication, such as slurred speech, bloodshot eyes, or the smell of alcohol.
If there is reasonable suspicion, drivers may be asked to perform field sobriety tests or take a breathalyzer test. However, since DWI checkpoints are illegal in Texas, law enforcement employs other methods to catch impaired drivers.
How Does Texas Target Drunk Drivers?
Texas employs several alternatives to DWI checkpoints to identify and apprehend drunk drivers. These methods include:
Saturation Patrols
Saturation patrols involve deploying a higher number of law enforcement officers in areas and during times when drunk driving is most likely to occur, such as during holidays, weekends, and late-night hours. Officers in these patrols specifically look for signs of impaired driving, such as erratic lane changes, speeding, or other traffic violations.
Routine Traffic Stops
During routine traffic stops for speeding, running red lights, or other infractions, officers may also assess drivers for signs of intoxication. If a driver appears impaired, the officer can conduct field sobriety tests and request a breathalyzer test.
No Refusal Weekends
No Refusal Weekends are special enforcement periods during which law enforcement officers can quickly obtain search warrants to conduct blood tests on drivers who refuse to take a breathalyzer test. These initiatives often coincide with holidays or events known for high rates of alcohol consumption.
Use of Technology
Some jurisdictions in Texas use advanced technology, such as sobriety checkpoints through mobile apps that inform users of their rights and the dangers of drunk driving. Additionally, law enforcement may use data and analytics to predict and target high-risk areas for impaired driving.
What Happens During a Traffic Stop in Texas
If law enforcement pulls you over in Texas for any reason, including suspicion of impaired driving, the following may occur:
- Initial Interaction: The officer will approach your vehicle and ask for your driver's license, registration, and proof of insurance. The officer may ask questions to gauge your sobriety and observe your behavior for signs of intoxication.
- Field Sobriety Tests: If the officer suspects you are impaired, you may be asked to perform field sobriety tests, such as walking in a straight line, standing on one leg, or following an object with your eyes.
- Breathalyzer Test: You might be asked to take a Breathalyzer test to measure your blood alcohol concentration (BAC). Refusing this test can result in immediate consequences, such as suspending your driver's license under Texas’ implied consent laws.
- Arrest and Further Testing: If the officer has probable cause to believe you are impaired, you may be arrested and taken to a police station for further testing, including blood tests to determine your BAC.
Legal Consequences
Refusing to comply with a traffic stop or evading law enforcement can lead to additional charges, such as:
- Evading Arrest: Attempting to flee from law enforcement can result in serious charges, including evading arrest or detention, which can be classified as a misdemeanor or felony depending on the circumstances.
- Suspension of License: Under Texas law, refusing a Breathalyzer test can lead to an automatic suspension of your driver's license, regardless of whether you are ultimately convicted of a DWI.
While DWI checkpoints are not legal in Texas, it's important to understand the implications of traffic stops and the legal obligations of drivers. If you encounter law enforcement, it is generally advisable to comply with their instructions and seek legal counsel if you face charges related to impaired driving. This knowledge helps you stay informed about your rights and responsibilities on the road.
Contact an Experienced DWI Defense Attorney at Shane Phelps Law
If you face a DWI or DUI charge in Bryan, Texas, don't wait - contact the Law Office of Shane Phelps today. As an experienced DWI defense lawyer, Shane Phelps has the knowledge and expertise to fight for your rights and help you navigate the complex legal system.
A DWI conviction can have serious consequences, including fines, license suspension, and even jail time. Don't risk your future. Let Shane Phelps and his team provide the aggressive defense you need to protect your freedom and your record. Call now for a free consultation and take the first step toward putting this difficult time behind you.
The Law Office of Shane Phelps is here to help you 24/7. Call our Bryan, Texas criminal defense law firm at (979) 775-4100 or contact us online.
Shane Phelps
Lead Attorney
As founder of Shane Phelps Law, Bryan/College Station criminal defense attorney Shane Phelps has a reputation as a leading trial lawyer in the Central Texas area. With decades of experience as both a prosecutor and a criminal defense attorney, Shane has tried more than 300 jury trials, everything from DWI to Capital Murder.
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