Feeling Anxious at DWI Checkpoints?

It's completely normal to feel anxious approaching a DWI checkpoint. Even sober drivers can find these encounters stressful. Understanding your rights can transform this nerve-wracking experience into a fair and lawful interaction with law enforcement. Please remain calm. Keep your hands on the steering wheel. Avoid sudden movements that can make the officer feel uncomfortable.  I also recommend that you keep your valid NCDL and your registration above the driver side sun visor.  You should crack the windows enough, so the officer can hear.  If you feel uncomfortable with the officer, ask to speak to their supervisor and they will bring their supervisor to the scene. You are NOT required to do Field Sobriety Tests and You are not required to answer where you are coming from and have you had anything to drink. You can simply give your Ncdl and registration information and keep your conversation to a minimum. If they continue to ask you questions, you can simple say I prefer not to answer any questions without my attorney present. Askk them can you contact your attorney, or your parents before any further conversations.  Generally Law Enforcement do not like to have others advising you as it often hurts their chance of proving a case against you.  So in a Fix? Call on Fitz!! you can text or call our team member 24/7 at 919-308-3521 and one of our team members will do their best to assist you if they are not on with another client or handling other urgent matters. 

DWI Checkpoints: Legal but Regulated

DWI checkpoints are legal under the U.S. Supreme Court ruling, but officers must adhere to strict guidelines. These include minimizing intrusion, publicizing checkpoints in advance, and stopping vehicles through a neutral method, ensuring a lawful process aimed at deterring impaired driving. We know those requirements and will hold the officers to the legal standard. 

Remain Silent Yet Polite

You have the right to remain silent beyond providing your license, registration, and insurance. You do not have to answer inquiries about your drinking habits or recent whereabouts. Stand firm yet courteous in asserting your rights during these interactions.

Vehicle Searches Require Probable Cause

It's essential to know that you do not have to consent to a vehicle search. Officers need probable cause, such as the presence of alcohol containers or clear signs of impairment, to conduct a search. If you are asked by law enforcement, if they can search your vehicle, Decline it.  If they continue to search anyway, you have preserved yoru right to fight the search in court.  If you give them consent, then you weaken your right to fight it out later. 

Field Sobriety Tests: Your Choice

Field sobriety tests, which include tasks like standing on one leg, walk and turn, HGN test are optional and subjective. Declining to take these tests may limit the evidence collected against you, giving you more control over the situation. You have the Right to say no.  Why offer potential evidence that can be used against you?? Be careful. 

Understand the Consequences of Refusing Tests

Refusing a breath or blood test can have serious consequences due to "implied consent" laws in North Carolina.  Once you willfully refuse a breath test (at the Police headquarters, or Detention Facility or Police Substation) can  lead to an automatic license suspension for 1 year.  If you are offered a Portable Breath Test (PBT test are   little devices, carried by law enforcement, and are usually given to you while on the scene of the vehicle stop. They are not really reliable in their function and you can simply say NO to that on site test, and not suffer any license suspension generally.  It is very important to be informed about your local laws to make a well-rounded decision. That's why its important to have an attorney you trust. Call on us.

Avoiding Checkpoints Legally

It's within your rights to avoid a checkpoint by turning around safely or taking an alternate route, provided you adhere to all traffic laws. However, illegal maneuvers or erratic driving could result in a stop.

If Arrested, Call a Lawyer

If circumstances lead to an arrest, immediately request a lawyer and invoke your right to remain silent, as anything you say can be used in court against you. Legal representation is crucial at this juncture.

Arming yourself with knowledge of your rights at DWI checkpoints not only protects you but also helps maintain a fair judicial system. Stay calm, assert your rights, and consult with a DWI attorney for guidance tailored to your state’s specifics. Share this information to empower others and promote informed citizenship.