Are DUI Checkpoints Legal?

In Texas any checkpoint has been held to be illegal, so that driving while intoxicated checkpoint or driving under the influence checkpoint, a insurance checkpoint. Those are illegal in the state of Texas.

The reason it's illegal is our state has interpreted the US Constitution's Fourth Amendment right against a reasonable search of seizure to prohibit the use of checkpoints in the state. Thereby making any kind of checkpoint illegal. It's important you find an attorney that knows what they're doing, that knows the DWI laws in the cases and what to look for when they're fighting your case.

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