Are Police Officers in Texas Allowed to Set Up DWI Checkpoints?

We have some radio friends over in Shreveport who have been talking about DWI checkpoints recently, law enforcement in Louisiana is putting more emphasis on getting intoxicated drivers off the road. We can all agree that drinking and driving or using drugs and driving is not a good idea and can result in major tragedy. This is one way to try and lower the number of intoxicated drivers, but is it legal in the state of Texas? 

Without stretching this answer out, the simple answer is that DWI checkpoints are NOT legal in the state of Texas. This has been brought up in court and these checkpoints have actually been deemed unconstitutional. Although let’s hope this is never an issue for you because you never drive while being intoxicated. 

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Texas Drivers Must Abide by “Complied Consent” Laws 

While Texas law enforcement agencies might not be able to set up DWI checkpoints, all Texas drivers must abide by “complied consent” laws. According to Best Lawyer, that means that if you are driving on roads in Texas you have consented to DWI tests. Which means if police have a valid reason for conducting a test or you have been arrested for DWI you must perform the tests. Well, you can refuse but that will most likely mean that you will lose your driving privledges.  

It’s Simple to Avoid All of This 

There really is no excuse for driving while intoxicated, you can ask a friend for a ride, you can call an Uber, Lyft, or taxi. Don’t get behind the wheel if you’re intoxicated in any way.