Indeed, in Texas we now have "no refusal" drunk driver checkpoints that randomly appear.
The debate about the constitutionality of DUI checkpoints is for another thread.
However I will say, that even
at a no refusal DUI checkpoint, a LEO must demonstrate probable cause as to why he believed the suspect to be under the influence. In fact the testing and standard at a checkpoint is even more rigorous than on a regular traffic stop. Before
, they can even ask
if you want to blow in the breathalyzer, or submit to a forced, court ordered blood sample; certain strict standards must be met.
Also, DUI checkpoints and traffic stops in general are hardly analogous to a man minding his own business in Wal-mart.
Get in through your head people, the act of OCing IS NOT probable cause for anything.