Unconstitutional but for the better good?

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dennishoddy

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dui checkpoints are legal in Texas

Not according to this report Dated Dec, 2014.

http://www.ghsa.org/html/stateinfo/laws/checkpoint_laws.html

Sobriety Checkpoint Laws

December 2014

Sobriety checkpoints (also called DUI checkpoints) are locations where law enforcment officers are stationed to check drivers for signs of intoxication and impairment. Many jurisdictions utilize sobriety checkpoints as part of their larger drunk driving deterrance program.

Due to legal issues surrounding their use, not all states conduct sobriety checkpoints. Some states have laws authorizing their use. Others forbid them or are silent on the issue.



States with no explicit statutory authority may or may not conduct checkpoints. In many states, the judiciary has stepped in to uphold or restrict sobriety checkpoints based on interpretation of state or federal Constitutions.
##38 states, the District of Columbia, the Northern Mariana Islands and the Virgin Islands conduct sobriety checkpoints.
##In 12 states, sobriety checkpoints are not conducted. Some states prohibit them by state law or Constitution (or interpretation of state law or Constitution). Texas prohibits them based on the its interpretation of the U.S. Constitution.
 

vvvvvvv

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Sobriety checkpoints are prohibited in Texas.

That does not mean that sobriety cannot be called into question incident to being checked at a checkpoint with a stated mission unrelated to sobriety.
 

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