DWI and DUI Roadblocks

Drivers across the country have been using the featured signs when approaching random roadblocks.  The sign does not apply to Texas, but it is a solid refresher of knowing and understanding your rights.  Specifically, your right to:

• Remain Silent;
• Refuse Search Requests;
• Request An Attorney.

In Holt v. State, 887 S.W.2d 16 (Tex. Crim. App. 1994), the Texas Court of Criminal Appeals held roadblocks were unconstitutional, without a state wide plan setting out guidelines.  To date no such plans exists and roadblocks are considered illegal.

However beware that courts have held avoiding roadblocks can provide the basis for a stop.  Johnson v. State, 833 S.W.2d 320 (Tex. App. – Fort Worth 1992, pet. ref’d).

Regardless, you should not see roadblocks on Texas roads.  If you do, have your sign ready!