Nationwide, the subject of DWI checkpoints is a hotly-debated issue, with some contesting that it violates the individual’s constitutional rights. Currently, 38 states allow these checks; however, 12 states do not, Texas being one of the latter. This means that it is illegal to be arrested for DWI based on a roadblock or sobriety checkpoint, which is considered a type of illegal search and seizure in our state.
What does a DWI Roadblock Look Like?
In the states that allow DWI checkpoints, they are typically set up as a singular location on a toad where policemen systematically check drivers for signs of intoxication. The road is typically blocked off to funnel drivers through.
If you experienced an arrest due to the following, contact our firm:
- Being subject to a DUI/DWI checkpoint in another state
- Being subject to what seems very similar to a DWI checkpoint in Texas
Depending on your circumstances, our team might be able to argue that your arrest was the result of an illegal sobriety checkpoint and fight to dismiss your charges.
Implied Consent in Texas
While you may not have to go through a DUI checkpoint, law enforcement is authorized to pull you over if they have reasonable suspicion that you are intoxicated. Texas is what is called an implied consent state, meaning that you have given consent to DWI testing simply by driving on Texas roads.
If you refuse to test, the following may be used against you:
- Your license will likely be suspended.
- Your refusal can be used as evidence against you in court.
Instead of outright refusing a DWI test administered by a police officer, politely ask to speak with your lawyer before you give an answer.
Speak with Peveto Law for Legal Guidance!
If you have been arrested for DWI, our Plano DWI attorneys can investigate the circumstances surrounding your arrest and determine the legal options that are available to you. Peveto Law has handled upwards of one thousand cases and will put our experience to work on your behalf.
Call Peveto Law today to learn more about your options!