DUI checkpoints and providing CHL

[E.Marquez]

I would have my chl out as soon as I could get to it. Why give anyone an excuse.

Why? there is a law... It is demanded in all cases that citizens know all laws that are applicable to them and there activities.. (impossible, but that's another thread)

I insist that those charged with enforcing the law, know them and follow them as well.
It's very clear....

GC §411.205. REQUIREMENT TO DISPLAY LICENSE. (a) If a license
holder is carrying a handgun on or about the license holder's person when
a magistrate or a peace officer demands that the license holder display
identification, the license holder shall display both the license holder's
driver's license or identification certificate issued by the department and
the license holder's handgun license.

If they do not ask for ID, there is no need, requirement or reason to present a CHL.

[nightmare69]

If you are NOT armed them you don't have to show your Chl.

I've got that part clear.. But if you are, in the video circumstance, at what point do you provide it?

When asked for your DL I would hand them both. That is what I've been told in the class.

[paperchunker]

So far 2 pages on whether you should do something you are not required to do ( show CHL without being asked for ID).. IF LEO are doing what they are not allowed to do (DUI checkpoint)...

[EEllis]

If they do not ask for ID, there is no need, requirement or reason to present a CHL.

Don't care. No need to say hello either but I do so. If I am stopped at a checkpoint I get ready. If I get waved thru fine. If they stop to talk then I do the courtesy of informing them that I'm armed and it also prevents situations where a cop gets bent out of shape because they were not informed. Sure I don't have to but so.

[srothstein]

Austin has DUI / DWI check points on specified weekends. I know for "no refusal" weekends they have judges on call 24/7 to issue warrants for blood draws, but no idea why Austin is the only place doing checkpoints.

Thanks for posting this. I did some research and found that it is still illegal in Texas, which is why Austin is probably the only place doing it. I found this article that explains that it was a 1994 Texas Court of Criminal Appeals case that says that checkpoints are illegal in Texas unless adopted by the state.

And I found that the bill was last introduced in the regular session as SB 1418 (text is available here) to authorize them and it died in committee.

So, if you see a DWI checkpoint in Texas, I predict a lot of cases being lost by that agency.

Edited to correct spelling errors.

[rbwhatever1]

Texas is one of 11 States that refused to adopt a SCOTUS ruling allowing for States to violate the 4th Amendment. The majority said that the minor infraction of Violating the 4th Amendment of the United States Constitution was okay since States want to reduce drunk driving. So who cares what the Supreme Court says? They lost all credibility many years ago and the Federal Government could care less.

So its okay for States to violate the US Constitution as long as its just a little violation...how absurd is that?

[JALLEN]

Texas is one of 11 States that refused to adopt a SCOTUS ruling allowing for States to violate the 4th Amendment. The majority said that the minor infraction of Violating the 4th Amendment of the United States Constitution was okay since States want to reduce drunk driving. So who cares what the Supreme Court says? They lost all credibility many years ago and the Federal Government could care less.

So its okay for States to violate the US Constitution as long as its just a little violation...how absurd is that?

Well, how about declaring a constitutional amendment unconstitutional? A Constitutional Amendment duly passed by a vote of the People!

It almost sounds like a line from a Peter Sellers movie or something.

[hillfighter]

Austin has DUI / DWI check points on specified weekends. I know for "no refusal" weekends they have judges on call 24/7 to issue warrants for blood draws, but no idea why Austin is the only place doing checkpoints.

Thanks for posting this. I did some research and found that it is still illegal in Texas, which is why Austin is probably the only place doing it. I found this article that explains that it was a 1994 Texas Court of Criminal Appeals case that says that checkpoints are illegal in Texas unless adopted by the state.

If they're doing illegal checkpoints, they are dirty. By definition.

Unless they're doing secret checkpoints without the knowledge of their supervisors, that means the supervisors are also dirty. In this case, wouldn't be surprised if the corruption goes all the way to the top.

[texanjoker]

Austin has DUI / DWI check points on specified weekends. I know for "no refusal" weekends they have judges on call 24/7 to issue warrants for blood draws, but no idea why Austin is the only place doing checkpoints.

Thanks for posting this. I did some research and found that it is still illegal in Texas, which is why Austin is probably the only place doing it. I found this article that explains that it was a 1994 Texas Court of Criminal Appeals case that says that checkpoints are illegal in Texas unless adopted by the state.

If they're doing illegal checkpoints, they are dirty. By definition.

Unless they're doing secret checkpoints without the knowledge of their supervisors, that means the supervisors are also dirty. In this case, wouldn't be surprised if the corruption goes all the way to the top.

I doubt APD is doing illegal checkpoints and imagine if they were the local anti APD media would be all over it. People confuse a checkpoint with a no refusal weekend. Those are 2 different things. No refusal just means they will seek out a search warrant on dwi arrests where the suspect refuses to submit to a chemical test.

[JP171]

Austin has DUI / DWI check points on specified weekends. I know for "no refusal" weekends they have judges on call 24/7 to issue warrants for blood draws, but no idea why Austin is the only place doing checkpoints.

Thanks for posting this. I did some research and found that it is still illegal in Texas, which is why Austin is probably the only place doing it. I found this article that explains that it was a 1994 Texas Court of Criminal Appeals case that says that checkpoints are illegal in Texas unless adopted by the state.

If they're doing illegal checkpoints, they are dirty. By definition.

Unless they're doing secret checkpoints without the knowledge of their supervisors, that means the supervisors are also dirty. In this case, wouldn't be surprised if the corruption goes all the way to the top.

I doubt APD is doing illegal checkpoints and imagine if they were the local anti APD media would be all over it. People confuse a checkpoint with a no refusal weekend. Those are 2 different things. No refusal just means they will seek out a search warrant on dwi arrests where the suspect refuses to submit to a chemical test.

but a no refusal weekend does not mean that they set out cones and cars to bring traffic down to one lane and ask everyone to open the window an hang that little flashlight with the breathalyzer built in in the window then tell you to pull over and give a sample, which APD does in fact do

[XGC Radioactive]

that's ridiculous. I understand wanting to lower the amount of drunk driving, but still.

[texanjoker]

Austin has DUI / DWI check points on specified weekends. I know for "no refusal" weekends they have judges on call 24/7 to issue warrants for blood draws, but no idea why Austin is the only place doing checkpoints.

Thanks for posting this. I did some research and found that it is still illegal in Texas, which is why Austin is probably the only place doing it. I found this article that explains that it was a 1994 Texas Court of Criminal Appeals case that says that checkpoints are illegal in Texas unless adopted by the state.

If they're doing illegal checkpoints, they are dirty. By definition.

Unless they're doing secret checkpoints without the knowledge of their supervisors, that means the supervisors are also dirty. In this case, wouldn't be surprised if the corruption goes all the way to the top.

I doubt APD is doing illegal checkpoints and imagine if they were the local anti APD media would be all over it. People confuse a checkpoint with a no refusal weekend. Those are 2 different things. No refusal just means they will seek out a search warrant on dwi arrests where the suspect refuses to submit to a chemical test.

but a no refusal weekend does not mean that they set out cones and cars to bring traffic down to one lane and ask everyone to open the window an hang that little flashlight with the breathalyzer built in in the window then tell you to pull over and give a sample, which APD does in fact do

Do you have any proof they have DWI checkpoints? I live in the Austin area and have never seen or heard of one.

They do set up their DWI bus on many nights behind ACC. They do take those already arrested to that location to process. Anybody taken there is already incustody.

[JP171]

yea I actually have personal experience as I was coming out of Camp Mabry, hmm and there ain't no alcohol on camp Mabry

[EEllis]

which APD does in fact do

You know I was curious and did a search on the issue and have had no luck finding anything supporting the belief that APD does dui checkpoints. I found a case up in Round Rock where a small number of what might be cops were reported to have a checkpoint but the DA is investigating and no one knew what dept the officers were with or if in fact it they were even police at all. Everything I have read says it is illegal in Texas and there seems to be no dissenting opinions and no online reports of austin checkpoints. Heck I even checked youtube and except for some task force closing of I-35 there doesn't seem to be any clips of Austin checkpoints at all. If APD were doing these checkpoints I would expect to see some sign of it online.

[cb1000rider]

Do you have any proof they have DWI checkpoints? I live in the Austin area and have never seen or heard of one.

I stand corrected. They were running some sort of check point downtown, but apparently it wasn't DUI. More references if I can find 'em.
I have not run into one, but I avoid the madness downtown...