News 8’s Common Law attorney Luke Ellis welcomed criminal defense attorney Stephen Toland of the Toland Law Firm to speak about sobriety checkpoints.

Toland said these checkpoints are legal and valid, but they also pose a debate.

"They need to meet certain constitutional standards for them to be upheld," he said.

In order for the sobriety checkpoints to be deemed legal, law enforcement agencies must show there has been an extraordinary number of alcohol- and driving-related incidents, whether those are accidents or arrests.

They must seek prior approval to plan the sobriety checkpoint, before implementing it and it must be open and obvious – the motorist must be able to recognize the checkpoint is a sobriety checkpoint.

In addition, there must be some type of uniformity among law officers in terms of the questions addressed to motorists.

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"Those specific to Travis County have been examples when they’ve been able to show in the past an extraordinary number of alcohol-related instances and applied those," he said.

If a driver is stopped, he or she has the right to refuse to submit a breath or blood sample unless under a court order.

"There are some ramifications to you administratively, with regard to your driver’s license, however, no, you cannot be forced by an officer," Toland said. "That’s a big misconception."

Next week, Toland will speak more about breathalyzers and other criminal defense-related issues.

Ellis reminds viewers the easy way to avoid a sobriety checkpoint problem is simply not to drink and drive.

Disclaimer
The material provided in The Common Law is for general informational purposes only. It does not constitute, nor is it a substitute for, legal advice. For advice on your specific facts and circumstances, consult an attorney directly.