DUI Checkpoints in North Carolina

 

When law officers in North Carolina set up a roadblock in a predetermined, fixed location and stop vehicles to check and see if any drivers are operating under the influence of drugs or alcohol, this is considered a DUI checkpoint. Thousands of these checkpoints are set up every year in North Carolina under the umbrella of programs like Booze It or Lose It, with increased levels of saturation around times when people are expected to drink more, such as holidays.

 

If officers believe that the driver they are checking might be under the influence of some kind of substance, they may attempt to initiate field sobriety tests or even chemical tests to determine whether or not the person has an increased BAC level. It is also common for officers to ask for documentation such as driver’s licenses, insurance information, and registration papers at these checkpoints, and they may cite you for violations unrelated to DUI detection, such as tinted windows or broken tail lights.

 

As a whole DUI checkpoints are seen not just as a way to catch and arrest intoxicated drivers, but as a deterrent to those who might consider driving drunk. This is because checkpoints are highly visible, highly publicized events, and their presence causes people to perceive a higher risk of getting caught themselves if they choose to drink and drive.

 

Are North Carolina DUI Checkpoints Legal?

 

DUI checkpoints are legal not only in North Carolina, but throughout the United States. This was cemented in 1990 with the Michigan v. Sitz case. In a landmark decision, the U.S. Supreme Court Justices voted 5 to 4 to uphold the legality of DUI checkpoints, saying that they believed DUI detection was in the public interest. They believed that the good that these checkpoints did outweighed the potential negative of them violating our rights against illegal search and seizure as outlined in the Fourth Amendment of the Constitution. William Rehnquist even gave this argument a nod while at the same time dismissing in when have called it a “little intrusion.”

 

Many legal experts, however, do not consider this intrusion on our rights to be “little,” and continue to argue against DUI checkpoints. 11 states agree and have outlawed the practice, but unfortunately North Carolina is not one of those states. As long at law enforcement officials in North Carolina set up checkpoints using the guidelines set up by the state, they are considered legal.

 

North Carolina DUI Checkpoints: What to Do If You Are Stopped

 

If you find yourself at a DUI checkpoint in North Carolina, the most important thing to remember is that you should remain calm and polite throughout the experience, and treat this as you would any other police encounter in your vehicle. There are certain things that are required of you by law, but that doesn’t mean that you don’t have rights.

 

When it is your turn to be checked by the officer, come to a complete stop and lower your window so that you can speak to each other. You don’t have to lower the window all the way if you don’t want to; one of the things officers at these checkpoints are trained to do is lean in to the car to sniff out alcohol but if someone else in the car has been drinking and they smell it, they might not distinguish between you and your passengers.

 

There is a strong likelihood that the officer will ask your name and address, and if he or she does, you should give it to them, along with your license, registration, and possibly even insurance information. Those things are required of you by law, and the officer will probably want to run your license to make sure it is valid. That, however, is the end of your obligation. Even if the officer attempts to ask further questions, such as where you’ve been and whether or not you’ve had any drinks that evening, you are not legally required to answer. The best way to handle the situation is to politely decline to answer any questions past name and address, rather than answering some questions but not others. This can seem more suspicious than refusing questions outright. Beyond this, you should remember that anything you say can and will be used against you, so even answering seemingly innocuous questions can turn out to be incriminating.

 

You should also refuse if the officer asks you to take a field sobriety test. Any good North Carolina DUI attorney will tell you that these tests are a bad idea. Whether or not you pass or fail is based on the administering officer’s discretion, and even beyond that they are designed for you to fail them. Refusing the test will limit the evidence they have to use against you.

 

After You Are Arrested at a North Carolina DUI Checkpoint

 

The second the officer says you are under arrest, demand to speak to a lawyer, and then stop talking completely. Don’t answer any questions, don’t mumble complaints – just remain silent until you can talk to a lawyer who’s going to be able to walk you through what to do and fight for your rights.

 

If you haven’t been asked to do this already, the police will probably request that you take a BAC test. Sometimes these are simple breath tests, but other times they require drawing your blood to test your level of alcohol. Don’t worry if the test says you are over the legal limit – experienced North Carolina DUI attorneys know that these tests often give false positive readings due to things like improper calibration and user error, and can use this knowledge to try to have the test results thrown out of court.

Contact an experienced North Carolina DUI lawyer today if you have been charged with a DUI and want to go over your options.