In 1994 Texas lawmakers labeled checkpoints as unconstitutional unless they could be created using a clear set of guidelines that protected individual rights; since then, several bills aimed at that goal have shriveled in the Texas Senate. The latest effort by John Carona (R-Dallas) looks like it may have the best chance of becoming law. Here’s a full text of what’s being proposed, and another article from Pegasus News that summarizes the main points nicely.

You’ve got to empathize with both sides of the argument. On one, you have Texas MADD (Mothers Against Drunk Drink Driving) and their supporters asking why we won’t have checkpoints to curtail the epidemic of drunk driving fatalities and accidents in Texas, which leads the nation in such statistics.

On the other, we have civil-liberty proponents (and the defense attorneys of Texas, I think) warning us about the destruction of “probable cause” and the slippery slope that checkpoints may lead us down.

I can’t help but feel bad about siding with either camp. I if I go with checkpoint proponents, I’m curtailing some of my beliefs about individual liberties and my general wariness about 1984 style crackdowns. On the other hand, going with the libertarian camp somewhat ignores research data that shows checkpoints do seem to lower drunk driving incidents, while subtly implying that I’m for drunk driving in general. It’s like those volunteers who ask you to adopt a third-world orphan – you can’t help but feel like your endorsing the “children dying in decrepit poverty” camp by turning them down. That’s not a giant-foam finger you want to be wearing.

So, after much soul-searching, it’s with a reluctant firmness that I’ll side with sobriety checkpoint advocates. My reasoning arises from several points. One, 39 other states have legalized such checkpoints so far without a great amount of public outcry over unlawful searches, discrimination, or general abuse concerning their use. Second, I do feel something besides the current state-of-affairs is needed to address drunk driving in Texas. I hear too many news stories about perfectly sober families and kids being obliterated by drunk drivers, and I’ll confess my general reaction to this is, “Terrible, that’s absolutely terrible”, without another moment’s thought about how we can address the problem.

Texans are still some of the most independent citizens there are in the U.S., so even if these checkpoints become legal that doesn’t mean we’ll suddenly let Big Brother stroll right in. I for one will be listening for any checkpoint abuses, and I’ll wager I’m not the only one doing so. This current legislation does a good job of outlining firm guidelines that have been lacking from its predecessors; peace officers will definitely be under scrutiny to ensure they’re upheld.

This has been the most difficult issue I’ve had to write about, so I’m eager to hear your feedback. But keep in mind if you disagree with me, you’re obviously a drunk-driving murdering psychopath.