Dallas DWI/DUI Checkpoint

In the state of Texas DWI or DUI checkpoints are illegal and unconstitutional. The law offices of Dallas Criminal Attorney will fight for your rights if you have been cited. DWI checkpoints are Illegal under Texas' interpretation of the federal Constitution. Protect yourself by hiring a knowledgeable DWI checkpoint defense attorney. If you have been a victim of receiving a citation due to a checkpoint take the following into consideration:

1. There is not a current statue on record that would allow a police agency to set up a DWI roadblock. Police agencies or any political subdivision of the state (such as a county or city) do not hold the ability to execute one on their own. The state is the only one that may pass a law for such enforcement See State v. Holt, 887 S.W.2d 16 (Tex.Crim.App. — 1994). Although Texas law does allow police to establish checkpoints for the verification of drivers license; but this does not mean the police may utilize these checkpoints as sobriety checkpoints See King v. State, 816 S.W.2d 447 (Tex.App. — Dallas, 1991).
2. Every DWI or sobriety checkpoint is required to comply with a well established balancing test or it goes against the Fourth Amendment of the U.S Constitution as well as in Article 1, Section 9 of Texas Constitution’s prohibition of unreasonable search and seizure.

For the past several months, Texas Alcohol and Beverage Commission had performed undercover sting operations in taverns and bars with the hopes of removing intoxicated patrons from the roads. Their objective was to control the number of drunk drivers on the roads. There acts were also considered to be unconstitutional.

The law office of Dallas Criminal Attorney, are here to speak on your behalf and protect your constitution rights as an individual. Our lawyers are available to assist individuals who have been cited for a DWI in Texas.

We have two offices one in Dallas, Texas and the other one in Fort Worth, Texas. Call us or come to one of our offices for a consultation.