Are DWI Checkpoints Unconstitutional?

Police Officers will often conduct roadblock investigations or DWI checkpoints to hunt down DWI suspects. A police officer will pull over a vehicle that has made no law violation and without reasonable suspicion of any criminal activity. In Texas, a DWI checkpoint violates the 4th Amendment to the US Constitution. While other States and jurisdictions allow DWI checkpoints, Texas has determined that such a practice by the police is an unreasonable search unless the checkpoint is authorized by a statewide policy emanating from a politically accountable governing body. Currently, Texas has not established such an entity for DWI checkpoints, and the practice remains unconstitutional.

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[1] Holt v. State, 887 S.W.2d 16 (Tex. Crim. App 1994)

[2] Id. at 18.