Are Checkpoints Legal in Texas?

Are Checkpoints Legal in Texas?

Texas does not authorize sobriety checkpoints under state law. In fact, DWI checkpoints—where law enforcement stops every vehicle or a predetermined number of vehicles to check for impaired drivers—have been consistently rejected by Texas courts as unconstitutional.

While the U.S. Supreme Court has ruled that sobriety checkpoints may be constitutional under certain circumstances (Michigan Dept. of State Police v. Sitz, 1990), each state can interpret its own constitution to provide more protections. In State v. Holt and other key Texas cases, courts have held that checkpoints violate Article I, Section 9 of the Texas Constitution, which provides broader protections against unreasonable searches and seizures than its federal counterpart.

So what does that mean for you? If you were stopped at a checkpoint in Texas, there’s a strong legal argument that the stop itself was unlawful—and any arrest that followed could be challenged.

DWI and Other Arrests at Checkpoints

Despite the law, some agencies still conduct informal or disguised checkpoints under the pretense of “road safety checks” or “license and insurance verification.” Even in those situations, officers must follow strict constitutional guidelines. To be lawful, a stop must be based on reasonable suspicion or probable cause. Simply driving through a checkpoint is not, by itself, grounds for detention or arrest.

If you were arrested for:

Driving While Intoxicated (DWI)
Possession of a controlled substance
Unlawful carry of a weapon
Outstanding warrants
Or any other offense during or after a checkpoint stop,

the legality of the initial stop could be central to your defense.

What Should You Do If You Were Arrested at a Checkpoint?

First, don’t assume the case against you is open and shut. If the checkpoint or roadblock violated your constitutional rights, any evidence obtained during the stop may be suppressed—including breath or blood test results, admissions, or contraband found in your vehicle.

A qualified criminal defense attorney can:

Investigate the legality of the checkpoint
File motions to suppress unlawfully obtained evidence
Challenge the arrest and search procedures
Negotiate dismissals or reductions
Prepare for trial if necessary

Don’t Let an Illegal Checkpoint Derail Your Future

If you or a loved one were arrested at a checkpoint in Texas, we’re here to help. We fight unlawful stops and protect your rights at every stage of the case. Contact our office today for a free consultation and take the first step toward defending your freedom.

Contact us now at (281) 668-9957 for a complimentary case evaluation, or submit a request through our website for more information.

DISCLAIMER: The information on this website does not contain legal advice or create an attorney-client relationship. Every case is different. This material is not a substitute for, and does not replace the advice or representation of, a licensed attorney.

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