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Old February 6, 2012, 01:31 PM   #78
Senior Member
Join Date: July 15, 2007
Location: Illinois
Posts: 3,746
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.
"No free man shall ever be debarred the use of arms."- Thomas Jefferson
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