Texas is currently among a dozen states where law enforcement agencies cannot have sobriety checkpoints. Our state constitution prohibits them as a violation of the U.S. Constitution’s Fourth Amendment protection against illegal search and seizure.
You may have seen checkpoints around the McAllen area that require some vehicles to stop. These are legal as long as their stated purpose is to check for things like valid vehicle registration, driver’s license or insurance, and if the criteria for pulling over vehicles is neutral – for example, every five vehicles. However, this doesn’t mean someone can’t end up under arrest for driving under the influence at a checkpoint.
You may also see checkpoints set up by Customs and Border Protection (CBP) and other federal agencies. These are allowed because of our proximity to the border. The people at those checkpoints are typically more interested in proof of citizenship or legal status in the U.S.
Where are you most likely to encounter law enforcement?
The McAllen-Edinburg-Mission metropolitan area has a number of spots where traffic checkpoints, as well as increased patrols, are most likely to appear. These include busy areas on highways and expressways (particularly near exits), popular entertainment and nightlife districts, event venues, colleges and areas near border crossings and bridges that go into Mexico.
The following are some areas where local or state law enforcement agencies often set up checkpoints:
- Expressway 83 (I-2): This runs through cities including McAllen, Mission and Pharr.
- U.S. Highway 281: This also runs through Pharr as well as Edinburg and San Juan.
- State Highway 107 – around Edinburg and Mission
- North McAllen – especially on roads that connect to to Expressway 83 and US 281.
- Near McAllen Airport on Ware Road as well as Bicentennial and Pecan Boulevards
- Downtown McAllen – especially in the 17th Street Entertainment District
- South 10th Street – near bars, restaurants and stores
- The University of Texas Rio Grande Valley (UTRGV) – Edinburg Campus – particularly around university events and during breaks
- Payne Arena in Hidalgo – especially around events and other gatherings
- Hidalgo and Pharr-Reynosa International Bridges – especially when there’s a lot of cross-border traffic
Even busy residential streets can be the location of law enforcement checkpoints – especially on weekends, holidays and around major sporting events when people are most likely to be drinking and driving. Increased patrols, sometimes called saturation patrols, are more likely during these times.
If you’ve been arrested for impaired driving at a traffic checkpoint or traffic stop, it’s wise to get legal guidance as soon as possible to help protect your rights and have the best chance of minimizing the consequences.