Proposed Legislation in Texas Would Allow Law Enforcement to Utilize Sobriety Checkpoints

State lawmakers in Texas are proposing a new bill which would alter existing laws to allow state law enforcement agencies to set up sobriety checkpoints, in an effort to crack down on drunk driving. In 1994, the Texas Court of Criminal Appeals ruled that, according to the United States Supreme Court, sobriety checkpoints cannot be used unless there are approved statewide procedures for conducting sobriety checkpoints.

The proposed law, Senate Bill 298, was introduced by Texas State Senator John Carona and would give the Texas Department of Public Safety and local law enforcement agencies the authority to create field sobriety checkpoints on public highways or streets in order to determine whether individuals are driving while under the influence. The law will take effect immediately if it receives a two thirds vote from both houses of the state congress.

According to State Senator Carona, the law is long overdue, stating, "Texas does currently have the most DWIs, and it's one of the states that continues to fight against this legislation. If we're going to save lives and we're going to make the roads safer for everyone, our families, our children, then this is long overdue."

Some members of the public have also voiced their support of the new law, explaining that the sobriety checkpoints will help to encourage drivers to think about the possible consequences of their actions, arguing, "The promotion, the publicity for it makes people make a plan. They should be doing that anyway, but they're not because too many people are being injured."

While a portion of the public is in favor of such a measure, Texan defense attorneys overwhelmingly oppose the passage of such a law, stating that sobriety checkpoints are a violation of an individual's fourth amendment right, which protects against unreasonable searches and seizures. According to Dallas defense attorney Patrick McClain, "It's a slippery slope, giving up our rights to privacy and to intrusiveness to law enforcement when we haven't done anything that indicates we have broken the law." Members of the public have also agreed with this viewpoint, seeing checkpoints as a blatant attack on personal liberties.

Mothers Against Drunk Driving (MADD) has been a vocal supporter of sobriety checkpoints since the Supreme Court's ruling on the issue in 1990. MADD also has a history of attacking those who disapprove of sobriety checkpoints, stating, "Opponents of sobriety checkpoints tend to be those who drink and drive frequently and are concerned about being caught." This statement has angered numerous lawmakers and citizens, which has only served to augment opposition to the passage of sobriety checkpoints and increase hostility between those in favor of sobriety checkpoints and those who are against them.

Please take some time to visit our websites:
San Francisco DUI Attorney
San Mateo DUI Lawyer
Marin County DUI Defense
Northern California DUI Defense Lawyers
San Francisco County DUI Defense Lawyers