Just in time for the holiday weekend, Montgomery County will bring back sobriety checkpoints in order to combat drunk driving.
The checkpoints, which allowed police to stop random motorists and check to see if they were drunk without any actual evidence that they were in fact drunk (like driving erratically), were used quite often in the 1980s, but were challenged in the courts. They were argued to be illegal searches, in violation of the 4th Amendment.
The U.S. Supreme Court disagreed in 1990 (Michigan v. Sitz), the greater interest provided by discouraging drunk driving outweighed the individual right to be free from unreasonable searches, but many state argued that these searches violated their constitutions, including the Texas Court of Criminal Appeals. Montgomery County officials claim that their's is not an unconstitutional program because they will only test drivers who commit traffic violations ( I have no idea if that will in fact prove constitutional if challenged -- is commiting a traffic violation probably cause that one is drunk?).
It will be a no refusal program, meaning that you can be punished for refusing to submit to a sobriety test.
For background:
- Opinion.
- Anatomy of a DWI "no refusal weekend."
- Austin DWI Attorney.
- Texas Senate Bill 298. (news item on the bill)
- State Sobriety Checkpoint Laws.
- Checkpoints on Twitter.
This applies to both 2301 and 2302. It involves how the constitution helps define the relationship between government and the individual, but it does so in a very problematic area, one where we might in fact want some governmental intervention. No one wants to share the road with drunk drivers. Its a perfect illustration of the balancing act the courts have to engage in when they consider the relative merits of individual liberty and the greater interests of society.
2302s might want to pay attention to the legislation linked to above -- which would have allowed expanded use of checkpoints has it not died in committee. You might also want to take a look at the Supreme Court case above.
PS: Can we really tell who is drunk?
