Rucker Law Firm
_DSC0328-min.jpg

Legal Info

You can trust Wes Rucker to guide you through the complexities of the legal defense system. Click through to learn more about the most commonly asked questions regarding his criminal defense cases. 

 

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.

__________________________

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

[2] Id. at 18.

Connor McLarney