Texas Senate Advances DWI Checkpoint Legislation

Bill would authorize sobriety checkpoints to check for drunk driving in Texas.

Last week the state Senate voted 21-10 to approve a bill that would allow police to establish checkpoints to check for motorists who are driving while intoxicated in Texas.

The bill's sponsor claims that sobriety checkpoints will save 300 lives each year. Opponents say that roving, saturation patrols looking for Texas DWI offenders are more effective and a better use of funds and manpower. The checkpoint locations would be publicized, and the traffic stop would be videotaped and audio recorded. The bill prohibits law enforcement officers to ask for a driver's license or proof of insurance. A random system for stopping vehicles must be in place to avoid the perception of profiling.

A Texas Court of Criminal Appeals ruled against sobriety checkpoints in 1994, though it said that state lawmakers could pass legislation making them legal.

Under the proposed legislation, only counties with a population of 250,000 or more and cities with at least 500,000 residents could engage in the practice. Cities that meet the criteria are Austin, Dallas, Fort Worth, Houston, San Antonio and El Paso. The county sheriff or the city mayor would have to approve the set-up of TX DWI checkpoints.

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