In response to the passage of Senate Bill 261 in the Texas Legislature authorizing "sobriety checkpoints", I sent the following letter to Governor Rick Perry:

Dear Governor:
On March 30, the Texas Senate passed SB 261, which authorizes law enforcement officers to stop Texas motorists without cause and subject them to a sobriety check.  While I recognize that the bill's purpose is to remove drunk drivers from our roads and improve public safety, I believe that such a law is an unacceptable intrusion on the liberties of law-abiding citizens.

Under the provisions of this bill, motorists are basically presumed guilty, without even a suspicion of criminal activity required.  Certainly, drunk driving accidents are too numerous and exact a great price; certainly, a legitimate function of law enforcement officers is to help enforce laws against drunken and impaired driving.  However, there are methods of doing so without intruding on the liberties of law-abiding citizens.

Proponents of the bill have argued that it is not intended to intrude upon the rights of innocent, unimpaired drivers, and that the proposal is tailored and targeted to protect individual liberty.  I would submit that the provisions are insufficient.  The fact that a particular location can only be used for a limited time once per year is of no comfort to the person who hasn't been drinking who is forced to wait through a checkpoint without any suspicion of impairment.

Drunk driving results in many accidents and tragic deaths each year.  However, in seeking to protect the health and lives of individuals and families we should not intrude upon the rights of the innocent.  Should this bill pass the House, I strongly urge you to veto it.

Sincerely,
Dave Smith
Houston, TX