Denton police may not use sobriety checkpoints

by Alexandria Silva of North Texas Daily

Two bills that would allow the creation of sobriety checkpoints and force drivers to take breathalyzers and blood tests have passed the Texas Senate, but even if they're passed into law, Denton police may not enforce them.

The bills, designed to combat Texas' No. 1 spot in alcohol-related traffic deaths in the U.S., now await approval from the House.

The Denton Police Department doesn't anticipate running checkpoints in the future even if the bill were to pass though, said Ryan Grelle, a Denton Police spokesman.

"We have DWI traffic enforcement," Grelle said, "but it would take a significant amount of manpower to run this."

If the bills pass through the Texas House they must be signed by Gov. Rick Perry and would go into effect on September 1.

The bills passed the Senate on March 30 with a 21-10 and unanimous vote respectively.

The first piece of legislation would allow for announced sobriety checkpoints in cities with at least 500,000 people or counties with a total population of more than 250,000 people.

Sobriety checkpoints are legal under the U.S. Constitution, said Tim Powers, a Denton attorney and adjunct professor of criminal justice at UNT.

"Checkpoints are legal in other states because their Constitutions don't give them the same constitutional protection as we receive," Powers said.

Texas leads the nation in drunken driving deaths and is one of 11 states that don't allow checkpoints. Texas has not allowed sobriety checkpoints since 1994, when a state court ruled they were unconstitutional because they lacked statewide guidelines.

The first bill would require police officers to announce a sobriety checkpoint before it is set up and limit it to areas with high numbers of drunken driving arrests and accidents. Checkpoints cannot be set up based on socioeconomic or ethnic criteria and must be done in a regulated way, such as stopping every fourth car.

The second bill could allow officers to force a breathalyzer or blood test if the driver is suspected of drinking and driving with a child, has two prior driving while intoxicated convictions or is suspected of causing a serious accident.

Mary Kardell, executive director of the North Texas branch of Mothers Against Drunk Driving, said the bills could save lives.

"Texas has a terrible problem, but we haven't fully addressed it," she said.

In 2007 in the North Texas area alone more than 400 people died from alcohol-related traffic accidents, she said.

Powers said he is concerned about the potential innocence of defendants. He said by instating checkpoints probable cause would become reasonable suspicion.

If the bill becomes a law, then the first person charged at a checkpoint with drunk driving would become a test case in court, Powers said.

NT students have mixed feeling about the bills. Some said it's an invasion of privacy while others said it's a great way to cut back on drunken driving and accidents.

"You shouldn't be driving drunk to begin with," said business junior Justina Beagnyam.