Imagine traveling on your usual route. Suddenly, a line of police officers is stationed a few blocks away from your destination. While you may have heard of checkpoints, there is a significant legal distinction you should know.
Are checkpoints legal in San Antonio?
Sobriety checkpoints are unconstitutional in Texas. Based on the landmark case Holt v. State in 1994, the Texas Court of Criminal Appeals ruled that there is no specific statutory scheme authorizing such checkpoints, as they are invalid under the Fourth Amendment.
However, police can use statewide No Refusal initiatives to combat driving while intoxicated (DWI) cases. While these occur daily in San Antonio, officers are especially alert during the holidays, which are a high-risk period for accidents.
Can you refuse a test?
In Texas, you can refuse a test without an automatic penalty if there is no warrant. Although this rule exists, you have an implied consent to a breath or blood test by law. Refusing can lead to these:
- Refusing a test after a lawful arrest: You can face a 180-day license suspension. This is not automatic, as you have the chance to contest the suspension by requesting an Administrative License Revocation hearing within 15 days of the arrest.
- Refusing a test during a No Refusal check: Police can obtain an electronic warrant to legally compel a blood draw.
While your Fifth Amendment rights stay with you in either event, they only protect against testimonial self-incrimination. They do not apply to seizure of physical evidence, such as breath or blood. Responding with silence when asked for a chemical sample can count as a refusal that triggers administrative penalties.
What should you do after a stop?
Navigating a stop can be stressful. Because every detail in that scenario can impact your future, it would be best to seek the guidance of a criminal defense attorney who can review the legality of your detention.
