DUI
DWI Offenders and Drunk Drivers in Texas May Soon Be Caught by Sobriety Checkpoints
Now, in the wake of the April 17th meeting, Texas Police Departments are in search of other means to combat drunk driving and lower DWI offenses – a goal not only propelled by a determination to make our roads safer, but also to lose the stigma of having been the state with the most alcohol-related fatalities in motor vehicle accidents from 2000 until 2003. There are currently many different methods that could be utilized to aid in these efforts.
One method that is currently used in 39 states would be sobriety checkpoints. The only deterrent would be that Texas does not currently have legislation that allows for them. Sobriety checkpoints are technically roadblocks set up and run by city police departments. At these checkpoints, each car is stopped and the police officers stationed there ask each driver a series of questions. The questions range from where the driver is going, what they have been doing that evening, and if a suspicion of intoxication is felt, the driver may be asked to get out of their vehicle and perform field sobriety tests. Although they are called sobriety checkpoints, it is also an opportunity to write citations for people with a suspended license or those driving without insurance. In fact, there are significantly more citations written for these two offenses than there are people arrested for DWI.
The constitutionality of sobriety checkpoints was questioned in 1990 in Michigan Department of State Police v. Sitz which was tried before the U.S. Supreme Court. The question was whether sobriety checkpoints violated the Fourth Amendment, which guarantees that “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” On June 14th the Supreme Court passed down their decision on the matter with Chief Justice Rehnquist stating “the balance of the State’s interest in preventing drunken driving, the extent to which this system can reasonable be said to advance that interest, and the degree of intrusion upon individual motorists who are briefly stopped, weighs in favor of the state program.” Four years after this ruling, a case came into the Texas courtrooms regarding the constitutionality of the same sobriety checkpoints. In Holt v. State, the Texas courts actually found against the sobriety checkpoints saying that without express authorization and implementation by a statewide governing body, sobriety checkpoints are illegal under the guidelines of the Fourth Amendment to the United States Constitution.
It is important to note, however, that the Texas Legislature technically has the power to draft a bill which, if passed, would require the creation of a statewide governing body to “express authorization and implementation” of sobriety checkpoints. If this happened, sobriety checkpoints in Texas would be constitutionally sound options for fighting drunk driving. With the recent pressures of trying to lower drunken driving fatalities, it is not completely out of the realm of possibility that such legislation may be constructed sooner rather than later.
There are those who maintain sobriety checkpoints violate our Fourth Amendment rights. Justice Broussard in the Ingersoll v. Palmer decision, a California case that upheld the constitutionality of these sobriety checkpoints for their state in 1987, wrote the dissention stating, “To date we have not allowed mass detentions on the theory that these might prove useful in preventing crime… While drunk driving is a revolting crime, it is not the only one which the community abhors. If we abandon constitutional protections to combat every abhorrent crime which has captured the public’s attention, we will find ourselves naked and unprotected in a hurry.”
While it would take a long time to organize these governing bodies, the end result would be saving lives and keeping the roadways safer, and not just from drunk drivers, but also from drivers with suspended licenses or no insurance. There are some who have protested sobriety checkpoints yielding no DWI arrests but that still ticket over 20 drivers for the other two charges, as was the case in California last month. These few feel taxpayer dollars aren’t being used efficiently since the arrest numbers are so low for sobriety checkpoints in relation to, for example, a DWI Task Force that goes out on patrol to find cars that may have an intoxicated driver behind the wheel. The police maintain that if they are finding people to ticket, they are further protecting all drivers on the road.
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Posted
Friday, June 02, 2006
Filed in DUI News | Texas DUI | Permalink | Comments (7)
Filed in DUI News | Texas DUI | Permalink | Comments (7)
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No to checkpoints
Posted by
Russell Franklin
at
2009-03-31 06:47
I am 100% opposed to any unlawful detention of US Citizens for any reason. These sobriety checks are akin to Russian KGB checking their citizen’s papers back in the USSR days. This is how they accomplish the socialization of America. They start small and before you know it we are addressing each other as comrade.
Posted by
The Revolution is Coming
at
2009-04-11 02:27
Americans are being systematically stripped of their rights. Just as Franklin stated, they start out small (No smoking except in designated areas. Mind if we stop you and check to see if you're licensed, insured, and sober? Okay, now just allow us to implant this chip in your body to track your every movement and *cough* control your brainwaves *cough* No big deal really, everyone's getting one.)and end up trampling all of the freedoms that our forefathers bled and died for. The sad fact of it is, the great majority of Americans today are too lazy and complacent to do anything about it. Our votes don't count, so we don't vote. Protesting paints a picture of the protester as a flag burning hippie lunatic, so no one does anything except complain. If we don't rise up and combat this Leviathan soon, it will grow out of control and become the end of us all...
Posted by
Txtrubie
at
2009-06-28 19:46
I would like to see the sobriety check points in Texas. I think there should be strict guidlines on what the officer can and cannot due. The purpose of the checkpoint is to deter drunk driving and get the drunks off the road. There is no reason to identify a driver to see if his license is suspended or to verify that he has insurance. That is not the purpose of the checkpoint. Officers take advantage of a good tool and then it gets taken away. As a police officer I can usually determine if a driver is intoxicated at first contact. The officers at the checkpoints should make a short 30 second contact and determine if probably cause exist to further their investigation. If no impairment is detected the drive should be released without having to show identification or insurance. The purpose is not to write tickets as I have read that officers are doing. This is to prevent loss of life due to dwi accidents. By the way Harris county is the leader in dwi fatalities in the nation.
Posted by
BobP
at
2009-12-14 01:18
to Txtrubie... I'm sure you would like to see checkpoints, it just gives you guys even more control. The PD has technology that can scan plates to see if a car is insured and check all you need to know remotely, and on the move, without intruding on the public.
Secondly, you say that with a 30 second stop you can tell if a person is impaired, fine, but what of the traffic jam it's caused while you are doing your "30 second" checks? Once the public gives over control we will never get it back, which is the reason TX is resisting these unconstitutional roadblocks. We don't have photo radar either and I'm surprised redlight cam's ever got here but they are short lived too.
Thirdly, and unrelated to checkpoints, many cops are so hell bent on pulling someone over and flashing those blinding LEDS that they dont realize the road hazard it causes. Pulling over a speeder is more hazardous than the speeder himself. You guys take up a lane in the middle of rush hour and everyone is jockeying for a lane change behind you making things even worse. And this double white thing? geez gimme a break, I always abide by that but to pull someone to the side and block a lane or create a distraction is still worse.
Good luck with your job- revenuer. That's pretty much what you are, a revenuer.
Secondly, you say that with a 30 second stop you can tell if a person is impaired, fine, but what of the traffic jam it's caused while you are doing your "30 second" checks? Once the public gives over control we will never get it back, which is the reason TX is resisting these unconstitutional roadblocks. We don't have photo radar either and I'm surprised redlight cam's ever got here but they are short lived too.
Thirdly, and unrelated to checkpoints, many cops are so hell bent on pulling someone over and flashing those blinding LEDS that they dont realize the road hazard it causes. Pulling over a speeder is more hazardous than the speeder himself. You guys take up a lane in the middle of rush hour and everyone is jockeying for a lane change behind you making things even worse. And this double white thing? geez gimme a break, I always abide by that but to pull someone to the side and block a lane or create a distraction is still worse.
Good luck with your job- revenuer. That's pretty much what you are, a revenuer.
Posted by
BobP
at
2009-12-14 00:56
I am a social drinker and know that I take 5 beers in an hour with food to get to .07, but I don't want some cop sticking his big snoot in my car asking that incriminating question " have you been drinking sir". Of course I have been drinking, prohibition ended in the 1930's, but I'm not drunk and below .08. However, this still means I have to get out of the car, go thru a bunch of crap and be harassed, and to this I say B.S. Not to mention the fact that we are giving over control to an authority that has no right in our privacy or our civil rights.
Posted by
JW
at
2011-01-26 07:24
The reality is D.W.I. should be set back up to .1 or allow you to prove you can drive while at .08. The Influence of alcohol, over the counter medication, prescription medication, or stuffing a burger down your throat, or cell phones all contribute to accident and unnecessary injuries and deaths . Let’s face it, yes D.W.I. do increase accidents however so many other things that distract a driver also creates the same situation. It’s just tax revenue for the government and takes away your rights. If you get caught driving under the influence of alcohol jail time and retribution is only fair and if someone dies or injured longer jail sentence and retribution. But don’t use a road block as an excuse for safety when in fact it is taking your rights away and it is tax revenue. For the jerks who think road blocks are okay, statistics is very low on road blocks and they only tell you a portion of what law enforcement wants you to know. Not how individuals were pulled out of their vehicles and searched and found nothing forced to answer a barrage of personal questions. If they objected to the search and resisted they were arrested with a B.S. charge including assault charges that was coerced by law enforcement to get you upset.
Posted by
JW
at
2011-01-26 06:53
Jan.26, 2011
Incident: I was in a truck towing a trailer on the feeder road of highway 290 going west. I was in the U-turn lane that leads to the underpass at 290 at 1960. I was behind other cars in the U-turn lane when abruptly they stopped at the area that starts the underpass. I hit my brakes and had minor skid because of the wet roads and hit the horn. Then I realized it was law enforcement setting up a road block with officers in the road. No lights or warning signs. I wound down my window and asked the officer what the hell is going on. He got upset and I can only guess I was questing his poor authority on what he and the other officer were doing. The sheriff came over to me trying to show authority and I asked him for his badge and name he then got upset even further and refused me this info. He instructed me to pull over and I questioned him why. This infuriated the sheriff. After other cars in front of me were allowed to continue on and maneuver around sheriff and other vehicles. I asked the deputy where he wants me to pull over. He told me to follow him and directed me under 290 underpasses then he tried to get me to pull up on the concrete island –large curb. I refused he was more upset as this situation unraveled. Then he instructed me to pull over to the other exit side of the U-turn section. Note I had a trailer that was partially blocking the road and sticking out in traffic after I pulled over. When the sheriff approached me once again I asked for his name and badge and he refused I also asked why am I being pulled over he refused to say. He asked only for my license. Not worried about insurance or registration? I opened my car door and started to step out and the officer grabbed his TASER GUN and told me to get back into my vehicle, I did. I “thought my God he is going to TASE ME” and he also carries a gun-scary. So I shut my car door gave him my license. I waited then he gave me a citation for blowing my horn. Blowing my horn the whole time I was there people are blowing there horn. He told me he had 18 years on the force-I mentioned to him he set up a road block and was creating a dangerous situation. His reply was he is not. Then I said he is a highly intelligent individual that works for the sheriff’s department. I criticized him by once again saying he was highly intelligent for setting up a road block and creating a dangerous situation. Then I moved on.
Road Block Observation: Two sheriff cars partially parked in the road under the 290 underpass (dark area) u-turn section, south side at 1960/hwy-6. No emergency flashers noted on sheriffs cars. Sheriffs did not appear to have visible reflectors vest. Sheriffs directly standing in road stopping vehicles. Numerous vechles pulled over in the road with other cars having to maneuver around other vehicles to continue travel.
Safety Issues: Sheriffs did not have high visible outer wear with reflector vest. Sheriff’s cars did not have Emergency Flashers on. The sheriff’s cars were partially blocking road-obstructing traffic. The sheriffs were standing in the center of the road. This creates a safety issue- with road conditions less than favorable and allowing a possible injury to persons and vehicles.
Just a Thought;
1) Does Texas allow a sheriff or any law enforcement to set up a road block at will with exception of border patrol?
2) Does Texas law allow a sheriff to stop and hold an individual at his discretion if a law was not broken?
3) Does Texas law allow a sheriff to issue a false citation that falsifies a government document?
Regards to above this will forces the individual that was issued a citation to address the citation that will have a direct monetary issue such as a lawyer to protect his/her rights, time off work, child care issues, education issues, Dr. appointments, possible jail time and it goes on. Include court cost and sheriff time showing up if the sheriff chooses to. A falsified citation more than likely the officer will not show up and we know why, he would possibly have to address questions under oath that could implicate him/her for falsifying government documents and this is breaking the law.
The government once again is taking rights away from individuals. Government – employees are immune almost all times from prosecution. Why an individual can’t have his/her rights protect from government abuse? One reason it is just too costly to have satisfaction that your rights are protected as stated in the CONSTITUTION of the United States of America. The average cost and time loss to individuals to protect individual rights is and just guessing $30,000.00 to $50,000 for starters. Another example is look at the forfeiture laws. Every day somewhere in Texas law enforcement is confiscating property for simple reasons and also knowing average individual will not be able to protect their individual rights and property because of cost. This is a big payroll to the Government or as I would like to state legalized MAFIA. We have had and still have a government that is a MAFIA at local, state, and federal levels. We the Civilians need change by reducing government and government abuse. They attack us on a individual bases we need to unit as this is United States not a socialist or dictator country.
Other Action: Went down to the sheriff’s department 3rd floor on San Jacinto-Houston, Texas to internal affairs to file a complaint about the incident. Officer recorded info-I asked to fill out a formal complaint he said they did not have a form. He went through a series of looking things up on the computer then the officer told me the officers were under a grant by some government entity paying them overtime to write citations. I mentioned they set up a road block the officer once again dismissed this road block “theory”. I mentioned they were actually in the middle of the road stopping cars then letting them pass-hello. The officer that wrote me the citation told me he had 18 years on the force-my thought of course our legislation probably allowed into the law enforcements retirement system the overtime earned in the last years will boost their retirement pay (theory only). I would like to find an attorney to sue and protect us against the law enforcement community- I know I am a violent criminal-but even horn blowers have rights.
Incident: I was in a truck towing a trailer on the feeder road of highway 290 going west. I was in the U-turn lane that leads to the underpass at 290 at 1960. I was behind other cars in the U-turn lane when abruptly they stopped at the area that starts the underpass. I hit my brakes and had minor skid because of the wet roads and hit the horn. Then I realized it was law enforcement setting up a road block with officers in the road. No lights or warning signs. I wound down my window and asked the officer what the hell is going on. He got upset and I can only guess I was questing his poor authority on what he and the other officer were doing. The sheriff came over to me trying to show authority and I asked him for his badge and name he then got upset even further and refused me this info. He instructed me to pull over and I questioned him why. This infuriated the sheriff. After other cars in front of me were allowed to continue on and maneuver around sheriff and other vehicles. I asked the deputy where he wants me to pull over. He told me to follow him and directed me under 290 underpasses then he tried to get me to pull up on the concrete island –large curb. I refused he was more upset as this situation unraveled. Then he instructed me to pull over to the other exit side of the U-turn section. Note I had a trailer that was partially blocking the road and sticking out in traffic after I pulled over. When the sheriff approached me once again I asked for his name and badge and he refused I also asked why am I being pulled over he refused to say. He asked only for my license. Not worried about insurance or registration? I opened my car door and started to step out and the officer grabbed his TASER GUN and told me to get back into my vehicle, I did. I “thought my God he is going to TASE ME” and he also carries a gun-scary. So I shut my car door gave him my license. I waited then he gave me a citation for blowing my horn. Blowing my horn the whole time I was there people are blowing there horn. He told me he had 18 years on the force-I mentioned to him he set up a road block and was creating a dangerous situation. His reply was he is not. Then I said he is a highly intelligent individual that works for the sheriff’s department. I criticized him by once again saying he was highly intelligent for setting up a road block and creating a dangerous situation. Then I moved on.
Road Block Observation: Two sheriff cars partially parked in the road under the 290 underpass (dark area) u-turn section, south side at 1960/hwy-6. No emergency flashers noted on sheriffs cars. Sheriffs did not appear to have visible reflectors vest. Sheriffs directly standing in road stopping vehicles. Numerous vechles pulled over in the road with other cars having to maneuver around other vehicles to continue travel.
Safety Issues: Sheriffs did not have high visible outer wear with reflector vest. Sheriff’s cars did not have Emergency Flashers on. The sheriff’s cars were partially blocking road-obstructing traffic. The sheriffs were standing in the center of the road. This creates a safety issue- with road conditions less than favorable and allowing a possible injury to persons and vehicles.
Just a Thought;
1) Does Texas allow a sheriff or any law enforcement to set up a road block at will with exception of border patrol?
2) Does Texas law allow a sheriff to stop and hold an individual at his discretion if a law was not broken?
3) Does Texas law allow a sheriff to issue a false citation that falsifies a government document?
Regards to above this will forces the individual that was issued a citation to address the citation that will have a direct monetary issue such as a lawyer to protect his/her rights, time off work, child care issues, education issues, Dr. appointments, possible jail time and it goes on. Include court cost and sheriff time showing up if the sheriff chooses to. A falsified citation more than likely the officer will not show up and we know why, he would possibly have to address questions under oath that could implicate him/her for falsifying government documents and this is breaking the law.
The government once again is taking rights away from individuals. Government – employees are immune almost all times from prosecution. Why an individual can’t have his/her rights protect from government abuse? One reason it is just too costly to have satisfaction that your rights are protected as stated in the CONSTITUTION of the United States of America. The average cost and time loss to individuals to protect individual rights is and just guessing $30,000.00 to $50,000 for starters. Another example is look at the forfeiture laws. Every day somewhere in Texas law enforcement is confiscating property for simple reasons and also knowing average individual will not be able to protect their individual rights and property because of cost. This is a big payroll to the Government or as I would like to state legalized MAFIA. We have had and still have a government that is a MAFIA at local, state, and federal levels. We the Civilians need change by reducing government and government abuse. They attack us on a individual bases we need to unit as this is United States not a socialist or dictator country.
Other Action: Went down to the sheriff’s department 3rd floor on San Jacinto-Houston, Texas to internal affairs to file a complaint about the incident. Officer recorded info-I asked to fill out a formal complaint he said they did not have a form. He went through a series of looking things up on the computer then the officer told me the officers were under a grant by some government entity paying them overtime to write citations. I mentioned they set up a road block the officer once again dismissed this road block “theory”. I mentioned they were actually in the middle of the road stopping cars then letting them pass-hello. The officer that wrote me the citation told me he had 18 years on the force-my thought of course our legislation probably allowed into the law enforcements retirement system the overtime earned in the last years will boost their retirement pay (theory only). I would like to find an attorney to sue and protect us against the law enforcement community- I know I am a violent criminal-but even horn blowers have rights.
