Austin Location
608 West 12th Street, Suite B Austin, TX 78701
Georgetown Location
706 Rock St, Georgetown, TX 78626
512-369-3737
get directions 
DWI checkpoints are technically illegal in Texas, but that doesn’t mean you shouldn’t worry about a DWI arrest under other circumstances. While they are allowed under federal law, the Texas Court of Appeals ruled against the legality of checkpoints in the state in 1991. This is because Texas doesn’t have statewide procedures in place to ensure checkpoints comply with the Fourth Amendment rights of drivers. Without such guidelines, there is too great a risk that DWI checkpoint stops will violate the Fourth Amendment. Keep reading to find out if are dui checkpoints legal in Texas.
No such guidelines exist to date, so DWI checkpoints remain illegal, but DWI arrests haven’t stopped. If you or someone you know has been arrested on suspicion of DWI in Austin, seek the guidance of the Law Office of David D. White, PLLC today.
A DWI checkpoint is a roadblock established by law enforcement, often in a location where police expect to catch a higher percentage of DWI drivers. Such locations are often along main roads – which may be the only roads – to and from business districts with bars, clubs, and other locations that serve alcohol.
Drivers who approach a DWI checkpoint are typically directed to stop their vehicles. A police officer will ask to see the driver’s license and registration, which the driver legally must provide. During the stop, the police officer investigates for signs of DWI, such as a driver’s slurred speech, bloodshot eyes, lack of coordination, or difficulty producing the requested paperwork.
If the officer believes the driver is intoxicated, they will order them to exit the vehicle. The officer may offer the driver to take a voluntary breathalyzer or field sobriety test, but both of these can be declined without consequence while the driver is detained. If the officer still believes the driver is intoxicated, the driver may be arrested.
Because DWI checkpoints are illegal in Texas, law enforcement may establish other kinds of checkpoints, such as those checking to make sure people are driving with a valid driver’s license. These roadblocks fall into a legal gray area that can result in your DWI arrest.
During a license checkpoint, a police officer will ask to see your license. If the officer notices signs of intoxication, everything that can happen at an official DWI stop can happen at a license checkpoint – and it may all be legal.
If you suspect a law enforcement roadblock is conducting illegal DWI searches, you can turn around to avoid it as long as you aren’t breaking any traffic laws. If you do make an illegal U-turn or turn onto a blocked-off road, a police officer may leave the roadblock to conduct a traffic stop.
At this point, you may be investigated for DWI and/or written a traffic citation.
No refusal means that the law enforcement has expedited access to search warrants. In Texas, if you are accused of DUI/DWI, and you refuse a breath or blood test, an arresting officer will have to obtain a warrant. During ‘no refusal weekend,’ you can expect a warrant to be obtained for a blood sample even if you deny consent. Of course you can still refuse to submit a specimen of your breath or blood, just be aware law enforcement will likely get it regardless. No refusal weekends in Travis County typically fall on or around holidays when there is a higher probability of drivers under the influence are on the roads.
If you have been stopped by law enforcement in Texas under any circumstances, you need to understand your legal rights and options. Retaining the services of an experienced Austin DWI lawyer can help you face the criminal justice system and protect your rights.
At the Law Office of David D. White, PLLC is dedicated to protecting your rights and providing strategic legal representation in DWI cases.
To learn more about how our firm can assist you, contact us at (512) 369-3737. Don’t face DWI charges alone – the Law Office of David D. White, PLLC is ready to defend your rights.
David D. White founded the Law Office of David D. White, PLLC and has practiced criminal defense exclusively since 2004. The firm represents clients across Travis, Williamson, Hays, Caldwell, Lee, Coryell, Bell, Burnet, Milam, and Bastrop counties. Three attorneys handle each case as a team — weekly case reviews and shared Clio notes — and by the first consultation, the firm has obtained the Probable Cause Affidavit, read it, and identified the state’s evidentiary weak points.
A Class B misdemeanor in Texas is punishable by up to 180 days in county jail, a fine of up to $2,000, or both, under Texas Penal Code § 12.22. It sits between the more severe Class A misdemeanor and the fine-onl...
No, marijuana remains illegal for recreational use in Texas, and possession of even small amounts may result in criminal charges. While medical cannabis is permitted under the Texas Compassionate Use Program, its ...
The complexity of DWI (Driving While Intoxicated) often leaves individuals unsure of their chances of dismissal of DWI in Texas. If you find yourself facing DWI charges in Austin, TX, it is crucial to have a knowl...
This page was written and reviewed by the attorneys at the Law Office of David D. White, PLLC, following our editorial guidelines. The firm has practiced criminal defense exclusively since 2004 across Travis, Williamson, Hays, Caldwell, Lee, Coryell, Bell, Burnet, Milam, and Bastrop County courts. The firm’s three attorneys — David White (managing attorney, practicing criminal defense exclusively since 2004), Kenneth Hines (associate, practicing Caldwell County courts since 2008; former General Counsel to the Texas Senate Jurisprudence Committee, 2010–2012), and Taylor Kacir (associate; former Senior Misdemeanor County Attorney, Bell County Attorney’s Office) — work each case as a team via weekly case reviews and shared Clio notes.
608 West 12th Street, Suite B Austin, TX 78701
706 Rock St, Georgetown, TX 78626
512-369-3737
get directions