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Sobriety Checkpoints One Step Closer in Texas?

By: Chris Coffey, weareaustin.com
Updated: December 31, 2010
Law enforcement will be out in full force patrolling for drunk drivers as we bring in the new year, but if one state lawmaker gets his way next month those same officers will have another tool to cut down on alcohol-related driving deaths.

Texas is currently one of twelve states that does not allow sobriety checkpoints.

Austin police chief Art Acevedo told KEYE-TV in July that checkpoints are overdue here.

"The bottom line is we have to start getting serious about DWI," Acevedo said. "This is another tool in the tool chest."

House Bill 439 would allow police to set up checkpoints in counties with populations greater than 250,000.

This is the fifth time State Representative Todd Smith of Euless has introduced such a bill. He believes his best chance to pass it will be next month when the legislature reconvenes.

"This about ensuring that drivers are sober when they are driving on our streets," Smith said.

Critics argue checkpoints wind up bothering people that did nothing wrong.

However, Smith's tweaked bill prohibits officers from asking for a drivers' license or proof of insurance unless there is probable cause the driver is breaking the law. Another change mandates the checkpoints can only be set up in spots with a history of repeated alcohol-related driving offenses.

"These things work by preventing drunk drivers from getting behind the wheel in the first place," Smith said.

Smith said changes to the bill may ease concerns of profiling since it also states the checkpoints must be in areas without regard to ethnicity or socio-economic status.

House bill 439 is receiving strong support from Mothers Against Drunk Driving.

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