DUI checkpoints and providing CHL

[Panda]

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

An excuse for what? Texas law is clear that the CHL must be displayed when ID is demanded.

Yep but rather than wait if it is in a checkpoint situation where they might not even ask for ID I would get ahead of it rather than wait for someone to ask.

That's why they make CHL badges.

[gigag04]

DUI /= DWI.

It gets confusing reading all the opinions for those that know the difference.

[bizarrenormality]

DUI /= DWI.

It gets confusing reading all the opinions for those that know the difference.

Confusing why? MIL are the only CHL who can get a DUI in TEX.

[EdWeird]

Confusing why? MIL are the only CHL who can get a DUI in TEX.

Mothers in Law are the only CHLers who can get a DUI in Texas?

[jimlongley]

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

If they need an excuse, then they need to be excused and find a job at WalMart.

[EEllis]

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

If they need an excuse, then they need to be excused and find a job at WalMart.

Yeah that will help me right then at that moment won't it. Not to mention why not be polite and helpful and try and make things quick and easy for everybody. For some people maybe everything is politics and principles but honestly most of the time I'm just trying to live life and keep moving. I don't need the drama.

[E.Marquez]

For some people maybe everything is politics and principles but honestly most of the time I'm just trying to live life and keep moving. I don't need the drama.

Why, yes, yes it is about principles, and the law as written, and what society demands of citizens, which is adherence to the laws as written, and what the citizens (informed and contributing citizens anyway) demand is that those charged with enforcing said laws, actually follow them.

It troubles me that so many are only concerned with how fast they can get through a unneeded DWI checkpoint that by all current research is not actually happening in TX legally, if at all. (still not seeing ANY supporting evidence, confirmed reports of a DWI checkpoint in the state of TX... Anyone????)

[E.Marquez]

DUI /= DWI.

It gets confusing reading all the opinions for those that know the difference.

Gig, come on now... You're better than that.. it's no more difficult to decipher that then it is when someone writes clip and not magazine, motor not engine, ect....

[Cedar Park Dad]

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.

Well it is Austin. Austin's police chief came from California. You do the math.

I think the argument is that, because they can immediately geta judge to issue an order its ok. Or something. I haven't figured it out.
To the topic. Give your CHL when requested to give your ID. Its a simple standard.
If you're not armed at the time you don't have to show the CHL license, but it might be prudent to avoid the officer becoming suspicious because it comes up when the do a license search.

Of course if you're not armed at the time you have to ask yourself why not?

[texanjoker]

For some people maybe everything is politics and principles but honestly most of the time I'm just trying to live life and keep moving. I don't need the drama.

Why, yes, yes it is about principles, and the law as written, and what society demands of citizens, which is adherence to the laws as written, and what the citizens (informed and contributing citizens anyway) demand is that those charged with enforcing said laws, actually follow them.

It troubles me that so many are only concerned with how fast they can get through a unneeded DWI checkpoint that by all current research is not actually happening in TX legally, if at all. (still not seeing ANY supporting evidence, confirmed reports of a DWI checkpoint in the state of TX... Anyone????)

No proof and as I have stated I do not believe APD is doing them. The anti APD media would be all over the news and I am sure Mr. Buehler would be there getting some good footage of it.

[EEllis]

For some people maybe everything is politics and principles but honestly most of the time I'm just trying to live life and keep moving. I don't need the drama.

Why, yes, yes it is about principles, and the law as written, and what society demands of citizens, which is adherence to the laws as written, and what the citizens (informed and contributing citizens anyway) demand is that those charged with enforcing said laws, actually follow them.

It troubles me that so many are only concerned with how fast they can get through a unneeded DWI checkpoint that by all current research is not actually happening in TX legally, if at all. (still not seeing ANY supporting evidence, confirmed reports of a DWI checkpoint in the state of TX... Anyone????)

We don't have DWI checkpoints and if someone stops me for one then I will be raising heck because I know it's illegal. When I have gone thru a checkpoint it's been for something else and honestly except for the immigration ones I don't know what the checkpoint would even be for because I have never even been stopped. But in the cases where they have had them I had my stuff ready.

[sdmahoney]

While I know of no DWI/DUI checkpoints, around Dallas they do "Safety Checkpoints" where they stop and ID every car driving by. Basically no different than a DWI/DUI checkpoint, only a different stated purpose. According to the police, us law abiding citizens love this:

"“Law-abiding citizens love it,” Dallas police Officer Laurie Wigley said at a safety checkpoint earlier this month (Sep 2011). “Although four cars have tried to turn around after I told them we’re doing a check.”"

[srothstein]

Confusing why? MIL are the only CHL who can get a DUI in TEX.

Mothers in Law are the only CHLers who can get a DUI in Texas?

While I like your answer, I think bizarrenormality was referring to the military not mothers-in-law. In Texas, a DUI is only available to minors, as it is the correct charge for a person under 21 driving with any measurable amount of alcoholic beverage in their system. Military personnel are the only people under 21 who can get a Texas CHL. This explains the post slightly more accurately, if not as humorously.

[jimlongley]

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

If they need an excuse, then they need to be excused and find a job at WalMart.

Yeah that will help me right then at that moment won't it. Not to mention why not be polite and helpful and try and make things quick and easy for everybody. For some people maybe everything is politics and principles but honestly most of the time I'm just trying to live life and keep moving. I don't need the drama.

Being polite and helpful does not include going over and above the law, for either side. The law, in TX, only requires you to present your CHL when carrying, no more, and any LEO that says different is violating that law and our rights and should be discouraged from doing that, such as being fired and moving on to WalMart. Far from giving them an excuse, doing more than the letter of the law, particularly at their (improper) insistance after you have followed the letter of the law, gives them an excuse to expect that from all of us. Just taking the easy way out and letting them get away with it is a betrayal of all of us.

In every interaction I have had with law enforcement since I got my CHL I have been helpful and polite, including the time I pointed out the the postings on the city's doors were not in accordance with the letter of the law, and the one time I got stopped, knowing I was going to be asked for ID, I even volunteered the information up front before the officer even had my ID, CHL, and insurance in his hand. There is a major difference between cooperation and surrender.

My original post was more to the point that in order to ask you for ID (and CHL) they should have a valid reason, and if they need an excuse, they do not have a valid reason, and are violating our rights.

[EEllis]

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

If they need an excuse, then they need to be excused and find a job at WalMart.

Yeah that will help me right then at that moment won't it. Not to mention why not be polite and helpful and try and make things quick and easy for everybody. For some people maybe everything is politics and principles but honestly most of the time I'm just trying to live life and keep moving. I don't need the drama.

Being polite and helpful does not include going over and above the law, for either side. The law, in TX, only requires you to present your CHL when carrying, no more, and any LEO that says different is violating that law and our rights and should be discouraged from doing that, such as being fired and moving on to WalMart. Far from giving them an excuse, doing more than the letter of the law, particularly at their (improper) insistance after you have followed the letter of the law, gives them an excuse to expect that from all of us. Just taking the easy way out and letting them get away with it is a betrayal of all of us.

In every interaction I have had with law enforcement since I got my CHL I have been helpful and polite, including the time I pointed out the the postings on the city's doors were not in accordance with the letter of the law, and the one time I got stopped, knowing I was going to be asked for ID, I even volunteered the information up front before the officer even had my ID, CHL, and insurance in his hand. There is a major difference between cooperation and surrender.

My original post was more to the point that in order to ask you for ID (and CHL) they should have a valid reason, and if they need an excuse, they do not have a valid reason, and are violating our rights.

They can ask for anything they want. Since I always carry then I would always give my Chl if in any kind of stop. And personalty if I would tell someone who I was just chatting at the store with something then unless I have some reason not to I don't mind telling it to a cop. I also think cops are human and if they are dealing with someone who is trying to be helpful then they may go out of their way also. If trouble happens the I'll deal with it. I don't go looking for it.