What are sobriety checkpoints?

Intended to function as a deterrent, sobriety checkpoints involve the stopping of motor vehicles on a nondiscriminatory, lawful basis at a predetermined, publicized location for the purpose of determining whether the operators of motor vehicles are driving under the influence of alcohol or other drugs.  The location of a sobriety checkpoint is determined by arrest rates and crash rates for a particular location at a particular time of day—it cannot be randomly chosen.

Why are sobriety checkpoints illegal in Texas?

Sobriety checkpoints have been held to be constitutional by the U.S. Supreme Court (496 U.S. 444, Michigan Dept. of Public Safety v. Sitz (1990)).  In Texas, sobriety checkpoints are currently illegal because in 1994 the Texas Court of Criminal Appeals ruled that, according to the U.S. Supreme Court, sobriety checkpoints cannot be used unless there are approved statewide procedures for conducting sobriety checkpoints.  The Texas Court of Criminal Appeals did not say that it disagreed with the idea of sobriety checkpoints, but instead, that it believes that statewide guidelines must be in place before they are held in communities.

These bills do exactly what the Texas Court of Criminal Appeals asks for—they establish statewide guidelines for conducting sobriety checkpoints. 

Currently, 38 states and the District of Columbia conduct sobriety checkpoints.

Are sobriety checkpoints effective?

Yes.  Sobriety checkpoints increase the perceived risk of apprehension for motorists who might drive after drinking.  Evidence shows that the use of checkpoints has a marked, dramatic effect on reducing the number of alcohol-related crashes in a community:

• In Charlottesville, Virginia, there has been a 13% reduction in the proportion of alcohol-related crashes.

• In Binghamton, New York, there has been a 39% decline in the number of drivers who had been drinking and a 23% reduction in the number of late-night crashes.
• In Clearwater-Largo, Florida, there has been a 20% reduction in the proportion of alcohol-related crashes.
• In Tennessee, there has been a 20% reduction in impaired driving crashes, resulting in over 100 lives saved per year.

Additionally, the federal government has designated sobriety checkpoints an effective measure against alcohol-impaired driving.  The use of sobriety checkpoints is one measure that can help Texas qualify for federal transportation (TEA-21) funds.

Myths About Sobriety Checkpoints

Myth: Sobriety checkpoints are not as effective as routine police patrols in detecting high-BAC drivers.

Fact: Sobriety checkpoints deter impaired driving by increasing the perception that impaired drivers will be detected and arrested.

            Checkpoints may also have a greater chance of apprehending a high-BAC driver who regularly drinks and drives because many of these drivers believe they can drive carefully enough to avoid notice by regular patrol.  A checkpoint can determine their alcohol use without observing their driving behavior.

Myth: Sobriety checkpoints are expensive, time-consuming, and a poor use of police officers’ time.

Fact:  Preventing drunk driving has a legitimate place in the police budget.

            Checkpoints can be conducted with as few as 3-5 officers.

            Equipment, additional personnel, etc. can be obtained through cooperation with neighboring law enforcement agencies.

            Grants from NHTSA are available to departments who conduct sobriety checkpoints using their guidelines.

Myth: The public is against sobriety checkpoints and views them as a form of police harassment.

Fact:   Public polls show that 2 out of 3 Texans favor the use of checkpoints to combat drunk driving.  A majority of Americans—79 percent—favor the use of sobriety checkpoints.  Over 91% of drivers in Tennessee favor the use of sobriety checkpoints.

Myth: Sobriety checkpoints cause huge traffic jams and hold up people for long periods of time.

Fact: The bills require that an officer stop each vehicle for no longer than 3 minutes and that the total time that a driver must wait to pass through a checkpoint be no longer than 10 minutes.  The preferred time for the stop is 1 minute and for the waiting time is 5 minutes.  If traffic backs up, police suspend the checkpoint to relieve congestion and then resume operation of the checkpoint.

Additionally, the bill stipulates that a checkpoint may not be operated at one location for more than 4 hours or more than twice in one week.

Myth: Sobriety checkpoints constitute illegal search and seizure.

Fact: The U.S. Supreme Court ruled them constitutional.  They are similar to metal detectors at airports, and they save lives.