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DWI Checkpoints: What You Need to Know

Posted on in Criminal Defense

Because December is full of holidays, law enforcement will be putting up checkpoints to prevent people from driving while intoxicated (DWI). DWI checkpoint use continues to be a hotly-debated issue, with 38 states allowing the checks and 12 states not allowing them. Texas is a state that doesn’t allow DWI checkpoint use, meaning an officer can’t arrest you for a DWI based on a roadblock or sobriety checkpoint.

In states that do allow checkpoints, they usually set up a bottleneck through which drivers must travel. They funnel through one car at a time, checking licenses and asking drivers questions. By looking at the driver and chatting with him or her, an officer can determine whether or not the driver might be intoxicated.

If you were arrested for a DWI at a checkpoint in Texas, you could easily contest the charges against you. However, if you were arrested for a DWI after being pulled over by a police officer who has probable cause to believe you might be inebriated, you will have a harder time defending yourself.

While DWI checkpoints are illegal in Texas, law enforcement is authorized to pull you over if they suspect you of being intoxicated because of implied consent laws. By merely driving on public Texas roads, you have given your consent to DWI testing. If you refuse a test, your license will likely be suspended, and your refusal can be used as evidence against you in court.

Talk to our skilled Plano DWI attorney if you are facing a charge of driving while intoxicated. The Crowder Law Firm, P.C. is dedicated to helping our clients defend their rights and freedom. Let us see what we can do to help you avoid high fines, jail time, and loss of your driving privileges.

Contact us at 214-303-9600 or fill out our online form to schedule a free case consultation today.

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