State v. Holt

OPINION

FARRIS, Justice.

Regina H. Holt was charged with driving while intoxicated after her arrest at a sobriety checkpoint. The trial court sustained Holt’s motion to suppress the evidence concerning her arrest, holding the sobriety checkpoint was unconstitutional under both the Fourth Amendment to the United States Constitution and article I, section 9, of the Texas Constitution.

On appeal, the State contends the trial court erred in holding the constitutionality of a checkpoint depends not only on the Brown test, but also on a threshold finding that the checkpoint was adminis*49tered in…