Holidays, such as the recent Memorial Day weekend, are a time when law enforcement steps up its efforts to find people who may be driving while intoxicated. As a result, police often report a higher-than-average number of DWI arrests during these periods. The result occurs because of people’s propensity to drink during holidays and an increased police presence on the roads. Does increased law enforcement activity include DWI checkpoints? Not in Texas, where courts have ruled that such checkpoints are unconstitutional.
What Are Checkpoints?
Normally, DWI stops occur when police officers pull over drivers that they reasonably suspect may be intoxicated or committing a traffic violation. The principle behind DWI checkpoints is that law enforcement sets up a roadblock where all passing drivers are stopped to check for signs of intoxication. States that allow DWI checkpoints have argued that they are both legal and necessary because:
- They are effective at catching intoxicated drivers;
- They protect public safety from potentially dangerous drivers; and
- They cause minimal intrusion on drivers who are not intoxicated.
Unconstitutional in Texas
The fourth amendment to the U.S. Constitution protects people against unlawful searches and seizures. A police officer is unlawfully seizing you if he or she stops you without reasonable suspicion of DWI or another criminal offense. Prosecutors cannot use any evidence of DWI that was obtained after an unlawful stop, effectively ending the case.
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As the summer and political heat reaches its peak, perhaps evoking a history challenge may be a cooler diversion. If asked, what are the two most popular amendments of the United States Constitutional Bill of Rights, a gambling man (or woman) may answer, the First and Second Amendments. Of course, there are a number of others that are just as important to protecting the rights of Americans, especially those who have been 
