III. DWI Roadblocks

A. ARE ILLEGAL

Holt v. State, 887 S.W.2d 16 (Tex.Crim.App. 1994).

Held that state-wide plan setting out guidelines is needed to make use of roadblock constitutional. Until that time, DWI roadblocks are illegal.

B. AVOIDING ROADBLOCK CAN PROVIDE BASIS FOR STOP

Johnson v. State, 833 S.W.2d 320 (Tex.App.-Fort Worth 1992, pet. ref’d). 

Here officer had reasonable suspicion to stop the suspect, and that reasonable suspicion was not affected by the presence of the roadblock.