What are DWI Roadblocks?

DWI roadblocks or sobriety checkpoints are police dragnets along a road or a highway in which police officers will cursorily examine all drivers for signs of intoxication. Police compel drivers to roll down their windows and provide their license and registration. Meanwhile, police are looking for the odor of alcohol, slurred speech, and other signs of intoxication. DWI roadblocks are controversial. There are strong voices on both sides. Critics believe they are a violation of our constitutional rights to be free from illegal searches and seizures, and a violation of our privacy. Proponents argue that public safety should overcome privacy rights, and that DWI roadblocks effectively deter the incidence of DWI and DUI.

DWI Roadblocks and Texas

Texas is one of a few states that have banned sobriety checkpoints. Currently, only twelve states expressly do not allow them. Texas banned DWI roadblocks in large part because of the Fourth Amendment questions. The Fourth Amendment protects citizens from unreasonable searches and seizures, and all police searches and arrests must comply with the Fourth Amendment. Bottom line is that a police officer needs objective suspicion to search. For instance, police can stop a driver for having a tail light out or for speeding—both objectively verifiable violations. Police cannot stop someone because they have a “hunch” the person committed a crime.

In essence, the sobriety checkpoints are a cluster of hunches—a series of searches and stops with no objective suspicion. However, the U.S. Supreme Court has said that DWI roadblocks do not violate the Constitution.

DWI Roadblocks in the United States

Thirty eight states and the Washington D.C. conduct them. According to The Governor’s Highway Safety Association, how states manage their checkpoints can differ significantly. Utah and New Jersey implement them once or twice a month. Others, like Illinois and Pennsylvania conduct several hundred per year, while California operates several thousand per year. Texas remains one of the few states that do not have them. Because of intense lobbying pressure from groups like MADD, we have come close. It is possible that we could have DWI roadblocks in the future.

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