Driving through a DUI checkpoint in San Antonio can feel intimidating, even if you haven’t had a single drink. Understanding your rights, the legality of checkpoints, and the potential defense issues can help you avoid unnecessary complications.
Read on as DUI lawyers break down what every driver should know before approaching a sobriety checkpoint in Texas.
1. Are DUI Checkpoints Legal in Texas?
Unlike many states, Texas law doesn’t authorize sobriety checkpoints. Courts have consistently ruled them unconstitutional under the Texas Constitution, which places a strong emphasis on individual privacy rights.
That means if you encounter what appears to be a DUI checkpoint in San Antonio, its legality can be challenged in court. Officers must have reasonable suspicion to stop a driver, and checkpoints don’t typically meet that standard under Texas law.
2. Your Rights at a Checkpoint or Traffic Stop
Even if you are pulled over under suspicion of DUI, you still have constitutional rights. Knowing how to exercise them respectfully can make all the difference.
Right to Remain Silent: You are not required to answer questions about where you’ve been or how much you’ve had to drink.
Right to Refuse Searches: Unless officers have probable cause, you can refuse vehicle searches.
Right to a DUI Attorney: If arrested, you can (and should) request legal representation immediately.
3. Common Defense Issues in DUI Cases
Many DUI charges in San Antonio can be challenged due to procedural mistakes or unreliable testing methods. Common defense strategies include:
Challenging the Stop: If a checkpoint or traffic stop was unlawful, any evidence gathered may be thrown out.
Questioning Field Sobriety Tests: These tests are subjective and often unreliable.
Breathalyzer Accuracy: Breath tests can be improperly calibrated or administered, leading to inaccurate results.
4. What to Do If You’re Arrested
A DUI arrest is serious, but it’s not the end of the road. Acting quickly can protect your rights and improve your chances of a favorable outcome.
- Stay calm and respectful.
- Do not admit guilt or provide unnecessary details.
- Contact an experienced San Antonio DUI attorney
Facing a DUI charge after a checkpoint stop in San Antonio can feel overwhelming. At The Law Office of Robert M. Maurer II & Associates, our DUI lawyers know how to challenge unlawful stops, faulty tests, and protect your future. We have DUI attorneys who speak Spanish and have established connections all over Texas.
Call today for 24/7 consults and start building your defense.
